PART FOUR — TRAFFIC CODETitle V — Vehicles

Chapter 431 — Operation GenerallyComplete to June 30, 2010

CROSS REFERENCES

See sectional histories for similar State law.

Obedience to traffic control devices, CO 413.01

Intersections where right turns on red prohibited, CO 413.09, 413.10

Operation of bicycles and motorcycles, CO Ch 473

Regulations for motor vehicle operation in parks, CO 559.59

Motor vehicle operation at airports, CO 571.24 et seq.

Funeral processions on drawbridges, CO 577.11

431.01     Driving upon Right Side of Roadway; Exceptions(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction, or when making a left turn under the rules governing such movements;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(3) When driving upon a roadway divided into three or more marked lanes for traffic under the rules applicable thereon;

(4) When driving upon a roadway designated and posted with signs for one-way traffic;

(5) When otherwise directed by a police officer or traffic control device.

(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.

(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or except as permitted under subsection (a)(2) hereof.

Subsection (c) hereof shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway. (RC 4511.25; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.02     Passing to Right When Proceeding in Opposite DirectionsOperators of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each operator shall give to the other one-half of the main traveled portion of the roadway or as nearly one-half as is reasonably possible. (RC 4511.26; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.03     Overtaking, Passing to Left; Driver's DutiesThe following rules govern the overtaking and passing of vehicles proceeding in the same direction:

(a) The operator of a vehicle overtaking another vehicle proceeding in the same direction shall, except as provided in subsection (c) hereof, signal to the vehicle to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(b) Except when overtaking and passing on the right is permitted, the operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle at the latter's audible signal, and he shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

(c) The operator of a vehicle overtaking and passing another vehicle proceeding in the same direction on a divided street or highway as defined in Section 431.31, a limited access highway as defined in RC 5511.02 or a highway with four or more traffic lanes, is not required to signal audibly to the vehicle being overtaken and passed. (RC 4511.27; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.04     Overtaking and Passing upon Right(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(b) The driver of a vehicle may overtake and pass another vehicle only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway. (RC 4511.28; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.05     Overtaking, Passing to Left of CenterNo vehicle shall be driven to the left of the center of the roadway in overtaking and passing traffic proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made, without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable, and in the event the passing movement involves the use of a lane authorized for traffic

approaching from the opposite direction before coming within 200 feet of any approaching vehicle. (RC 4511.29; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.06     Additional Restrictions on Driving upon Left Side of RoadwayNo vehicle shall be driven upon the left side of the roadway under the following conditions:

(a) When approaching the crest of a grade or upon a curve in the highway, where the operator's view is obstructed within such a distance as to create a hazard in the event traffic might approach from the opposite direction;

(b) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel;

(c) When approaching within 100 feet of or traversing any intersection or railroad grade crossing.

This section does not apply to vehicles upon a one-way roadway, upon a roadway where traffic is lawfully directed to be driven to the left side or under the conditions described in Section 431.01(a)(2).(RC 4511.30; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.07     Hazardous or No Passing ZonesHazardous zones, commonly called "no passing zones," shall consist of an auxiliary yellow line marked on the roadway pavement and placed parallel to the normal center line or marked lane line. When the auxiliary yellow line appears on the left side in the driver's lane of travel and to the right of the normal center line or marked lane line, no driver shall drive across the auxiliary yellow line to overtake and pass another vehicle proceeding in the same direction. When auxiliary yellow lines appear on both sides of the normal center line or marked lane line, drivers proceeding in either direction shall not drive across such auxiliary yellow lines to overtake and pass another vehicle proceeding in the same direction. No driver shall, at any other time, drive across the yellow auxiliary line when it appears in the driver's lane of travel, except to make a lawfully permitted left-hand turn under the rules governing such movement. No passing signs may also be erected facing traffic to indicate the beginning and end of each no passing zone.

When appropriate signs or markings indicating hazardous or no passing zones are in place and clearly visible, every operator of a vehicle shall obey the directions thereof, notwithstanding the distance set out in Section 431.06. (RC 4511.31; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.08     Driving in Marked Lanes or Continuous Lines of TrafficWhenever any roadway has been divided into two or more clearly marked lanes for traffic or wherever traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply;

(a) A vehicle shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.

(b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or when

preparing for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is posted with signs to give notice of such allocation.

(c) Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of such signs.

(d) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device. (RC 4511.33; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.09     Following Too Closely(a) The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle, and the traffic upon and the condition of the street.

(b) The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a roadway outside a business or residence district shall maintain a sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy such space without danger. This paragraph does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks.

(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, shall maintain a sufficient space between such vehicles so an overtaking vehicle may enter and occupy such space without danger. This paragraph shall not apply to funeral processions. (RC 4511.34; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

431.10     Turning at IntersectionsThe driver of a vehicle intending to turn at an intersection shall be governed by the following rules:

(a) Approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

(b) At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(c) At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane of the roadway being entered lawfully available to the traffic moving in that lane.

(d) Markers, buttons or signs may be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when such markers, buttons or signs are so placed, no operator of a vehicle shall turn

such vehicle at an intersection other than as directed and required by such markers, buttons or signs. (RC 4511.36; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.11     Turning into Private Driveway, Alley or BuildingThe driver of a vehicle intending to turn into a private road or driveway, alley or building from a public street or highway shall be governed by the following rules:

(a) Approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

(b) Upon a roadway where traffic is proceeding in opposite directions, approach for a left turn and a left turn shall be made from that portion of the right half of the roadway nearest the center line thereof.

(c) Upon a roadway where traffic is restricted to one direction, approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.

The driver of any vehicle entering a private road or driveway, alley or building shall yield the right of way to pedestrians lawfully using the sidewalk or sidewalk area extending across any alleyway. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.12     "U" Turns Restricted(a) Except as provided in division (b) of this section, no vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, if such vehicle cannot be seen within 500 feet by the driver of any other vehicle approaching from either direction.

(b) The driver of an emergency vehicle or public safety vehicle, when responding to an emergency call, may turn the vehicle so as to proceed in the opposite direction. This division applies only when the emergency vehicle or public safety vehicle is responding to an emergency call, is equipped with and displaying at least one flashing, rotating, or oscillating light visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, and when the driver of the vehicle is giving an audible signal by siren, exhaust whistle, or bell. This division does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway. (RC 4511.37)

(c) No vehicle shall be turned so as to proceed in the opposite direction within an intersection, or upon any street in a business district, or upon a freeway, expressway or controlled-access highway, or where authorized signs are erected to prohibit such movement, or at any other location unless such movement can be made with reasonable safety to other users of the street and without interfering with the safe operation of any traffic that may be affected by such movement. (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

431.13     Starting and Backing VehiclesNo person shall start a vehicle which is stopped, standing or parked until such movement can be made with reasonable safety.

Before backing, operators of vehicles shall give ample warning, and while backing they shall exercise vigilance not to injure person or property on the street or highway.

No person shall back a motor vehicle on a freeway, except in a rest area; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle. (RC 4511.38; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.14     Signals Before Changing Course, Turning or StoppingNo person shall turn a vehicle or move right or left upon a highway unless and until such person has exercised due care to ascertain that the movement can be made with reasonable safety, nor without giving an appropriate signal in the manner hereinafter provided.

When required, a signal of intention to turn or move right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give a signal.

Any stop or turn signal required by this section shall be given either by means of the hand and arm, or by signal lights that clearly indicate to both approaching and following traffic intention to turn or move right or left, except that any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lights when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet, whether a single vehicle or a combination of vehicles.

The signal lights required by this section shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section. (RC 4511.39; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.15     Hand and Arm SignalsAll signals required by this Traffic Code, when given by hand and arm shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows:

(a) Left turn: Hand and arm extended horizontally;

(b) Right turn: Hand and arm extended upward;

(c) Stop or decrease speed: Hand and arm extended downward. (RC 4511.40; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.16     Right of Way at Intersections(a) When two vehicles approach or enter an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

(b) The right of way rule declared in subsection (a) hereof, is modified at through highways and otherwise as stated in this Traffic Code and RC Chapter 4511. (RC 4511.41; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.17     Right of Way When Turning LeftThe operator of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right of way to any vehicle approaching from the opposite direction, whenever the approaching vehicle is within the intersection or so close to the intersection, alley, private road or driveway as to constitute an immediate hazard. (RC 4511.42; Ord. No. 1459-78. Passed 11-22-78, eff. 11-30-78)

431.18     Operation of Vehicle at Yield SignsThe driver of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Whenever a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be prima- facie evidence of the driver's failure to yield the right of way. (RC 4511.43(B); Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.19     Operation of Vehicle at Stop SignsExcept when directed to proceed by a law enforcement officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. (RC 4511.43(A); Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.20     Emergency or Public Safety Vehicles at Stop Signals or SignsThe driver of any emergency vehicle or public safety vehicle, when responding to an emergency call, upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety to traffic, but may proceed cautiously past such red or stop sign or signal with due regard for the safety of all persons using the street or highway. (RC 4511.03; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.21     Right of Way of Public Safety VehicleUpon the approach of a public safety vehicle, equipped with at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle and the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right of way, immediately drive to a position parallel to and as close as possible to, the right edge or curb of the street clear of any intersection, and stop and remain in such position until the public safety vehicle has passed, except when otherwise directed by a police officer.

This section does not relieve the driver of a public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the street. (RC 4511.45; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.22     Driving onto Roadway from Place Other Than Roadway: Duty to YieldThe operator of a vehicle about to enter or cross a highway from any place other than another roadway shall yield the right of way to all traffic approaching on the roadway to be entered or crossed. (RC 4511.44; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.23     Driving onto Roadway from Place Other Than Roadway: Stopping at SidewalkThe driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. (RC 4511.431; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.24     Right of Way of Funeral ProcessionAs used in this section, "funeral procession" means two or more vehicles accompanying the body of a deceased person in the daytime when each of such vehicles has its headlights lighted and is displaying a purple and white pennant attached to each vehicle in such a manner as to be clearly visible to traffic approaching from any direction.

Excepting public safety vehicles proceeding in accordance with Section 431.21 or when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield the right of way to each vehicle which is a part of a funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, the remainder of the vehicles in such procession may continue to follow such lead vehicle through the intersection notwithstanding any traffic control devices or right-of-way provisions of this Traffic Code, provided the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian upon the roadway.

No person shall operate any vehicle as a part of a funeral procession without having the headlights of such vehicle lighted and without displaying a purple and white pennant in such a manner as to be clearly visible to traffic approaching from any direction. (RC 4511.451; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.25     Driver's View and Control to be Unobstructed by Load or Persons(a) No person shall drive a vehicle when it is so loaded, or when there is in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.

(b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. (RC 4511.70(A), (B); Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.26     Driving upon Street Posted as Closed for RepairNo person shall drive upon, along or across a street or highway, or any part thereof, which has been closed in the process of its construction, reconstruction or repair, and posted with appropriate signs by

the authority having jurisdiction to close such street or highway. (RC 4511.71; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.27     Following and Parking Near Emergency or Safety VehiclesThe driver of any vehicle, other than an emergency vehicle or public safety vehicle on official business, shall not follow any emergency vehicle or public safety vehicle traveling in response to an alarm closer than 500 feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a police officer or a fireman. (RC 4511.72; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.28     Driving over Fire HoseNo vehicle shall, without the consent of the Fire Division official in command, be driven over any unprotected hose of the Fire Division, when such hose is laid down on any street or private driveway to be used at any fire or alarm of fire. (RC 4511.73; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.29     Driving Through Safety ZoneNo vehicle shall at any time be driven through or within a safety zone. (RC 4511.60; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.30     One-Way Streets and Rotary Traffic IslandsUpon a roadway designated and posted with signs for one-way traffic a vehicle shall be driven only in the direction designated. A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (RC 4511.32; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.31     Driving upon Divided RoadwaysWhenever any street has been divided into two roadways by an intervening space, or by a physical barrier, or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, and no vehicle shall be driven over, across or within any such dividing space, barrier or median section, except through an opening, crossover or intersection established by public authority. This section does not prohibit the occupancy of such dividing space, barrier or median section for the purpose of an emergency stop or in compliance with an order of a police officer. (RC 4511.35; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.32     Entering and Exiting Controlled-Access HighwayNo person shall drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.33     Obstructing Intersection, Crosswalk or Grade CrossingNo driver shall enter an intersection or marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians

or railroad trains, notwithstanding any traffic control signal indication to proceed. (RC 4511.712; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.34     Failure to Control; Weaving; Full Time and Attention(a) No person shall operate a motor vehicle or motorcycle upon any street or highway without exercising reasonable and ordinary control over such vehicle.

(b) No person shall operate a motor vehicle or motorcycle upon any street or highway in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.

(c) No person shall operate a motor vehicle or motorcycle without giving his full time and attention to the operation of such vehicle. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.35     Occupying a Moving Trailer or Manufactured HomeNo person shall occupy any travel trailer or nonself-propelled manufactured home while it is being used as a conveyance upon a street or highway. (RC 4511.701; Ord. No. 755-A-86. Passed 10-27-86, eff. 10-31-86)

431.36     Squealing Tires, "Peeling," Cracking Exhaust NoisesNo person shall unnecessarily race the motor of any vehicle and no person shall operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the roadway, commonly called "peeling." (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.37     Driving upon Sidewalks, Street Lawns or Curbs(a) No person shall drive any vehicle, other than a bicycle, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway or without first obtaining a permit from the Director of Public Service. (RC 4511.711)

(b) No person shall drive a vehicle on a street lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.38     Stopping for School Bus; Discharging Children(a) The driver of a vehicle, streetcar, or trackless trolley upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and county boards of mental retardation and developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet from the front or rear of the school bus and shall not proceed until such school bus resumes motion, or until signaled by the school bus driver to proceed.

It is no defense to a charge under division (a) of this section that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by division (b) of this section.

(b) Every school bus shall be equipped with amber and red visual signals meeting with requirements of Section 4511.771 of the Revised Code, and an automatically extended stop warning sign of a type approved by the state board of education, which shall be actuated by the driver of the bus whenever but only whenever the bus is stopped or stopping on the roadway for the purpose of receiving or discharging school children, or persons attending programs offered by community boards of mental health and county boards of mental retardation and developmental disabilities, or children attending programs offered by head start agencies. A school bus driver shall not actuate the visual signals or the stop warning sign in designated school bus loading areas where the bus is entirely off the roadway or at school buildings when children or persons attending programs offered by community boards of mental health and county boards of mental retardation and developmental disabilities are loading or unloading at curbside or at buildings when children attending programs offered by head start agencies are loading or unloading at curbside. The visual signals and stop warning sign shall be synchronized or otherwise operated as required by rule of the board.

(c) Where a highway has been divided into four or more traffic lanes, a driver of a vehicle, streetcar, or trackless trolley need not stop for a school bus approaching from the opposite direction which has stopped for the purpose of receiving or discharging any school child, persons attending programs offered by community boards of mental health and county boards of mental retardation and developmental disabilities, or children attending programs offered by head start agencies. The driver of any vehicle, streetcar, or trackless trolley overtaking the school bus shall comply with division (a) of this section.

(d) School buses operating on divided highways or on highways with four or more traffic lanes shall receive and discharge all school children, persons attending programs offered by community boards of mental health and county boards of mental retardation and developmental disabilities, and children attending programs offered by head start agencies on their residence side of the highway.

(e) No school bus driver shall start the driver's bus until after any child, person attending programs offered by community boards of mental health or county boards of mental retardation and developmental disabilities, or child attending a program offered by a head start agency who may have alighted therefrom has reached a place of safety on the child or person's residence side of the road.

(f) As used in this section:

(1) "Head start agency" has the same meaning as in division (A)(1) of Section 3301.31 of the Revised Code.

(2) "School bus," as used in relation to children who attend a program offered by a head start agency, means a bus that is owned and operated by a head start agency, is equipped with an automatically extended stop warning sign of a type approved by the state board of education, is painted the color and displays the markings described in Section 4511.77 of the Revised Code, and is equipped with amber and red visual signals meeting the requirements of Section 4511.771 of the Revised Code, irrespective of whether or not the bus has fifteen or more children aboard at any time. "School bus" does not include a van owned and operated by a head start agency, irrespective of its color, lights, or markings. (RC 4511.75; Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

431.39     Driving Across Grade Crossing

(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, he shall stop within fifty feet but not less than fifteen feet from the nearest rail of the railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train;

(2) A crossing gate is lowered;

(3) A human flagman gives or continues to give a signal of the approach or passage of a train;

(4) A train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from that distance and the train, by reason of its speed or nearness to the crossing, is an immediate hazard;

(5) An approaching train is plainly visible and is in hazardous proximity to the crossing.

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed. (RC 4511.62; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.40     Stopping at Grade Crossing(a) The operator of any motor vehicle carrying passengers for hire, or of any school bus, or of any vehicle carrying explosives or flammable liquids as a cargo, or such part of a cargo as to constitute a hazard, before crossing at grade any track of a railroad, shall stop such vehicle, and while so stopped he shall listen through an open door or open window and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, and shall proceed only upon exercising due care after stopping, looking and listening as required by this section and upon proceeding, the operator of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the operator shall not shift gears while crossing the tracks.

This subsection (a) does not apply at street railway grade crossings, or to abandoned tracks, spur tracks, side tracks and industrial tracks when the Ohio Public Utilities Commission has authorized and approved the crossing of such tracks without making the stop required by this subsection (a). (RC 4511.63)

(b) When authorized stop signs are erected at railroad grade crossings, the operator of any vehicle shall stop within fifty but not less than fifteen feet from the nearest rail of the railroad tracks and shall exercise due care before proceeding across such grade crossing. (RC 4511.61; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.41     Shortcutting at IntersectionsNo person shall operate a motor vehicle through a service station, parking lot or any other place of business to pass from one street to an intersecting street without stopping for service provided by such service station or place of business. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

431.42     Signs on Vehicles Selling Ice Cream and Frozen Desserts

(a) Every motor vehicle operating within the City of Cleveland for the purpose of selling ice cream, frozen custards, sherbets or other frozen desserts within the public streets shall be equipped with clearly visible and illuminated brake lights and shall have "slow, children" regulations on said vehicles. A vehicle meets the requirements of this section if it either

(1) Has a retractable driver-operated yellow "slow, children" sign on the left side of the vehicle, to be activated when stopped or standing for the purpose of selling ice cream or frozen desserts; or

(2) Bears a yellow sign stating legibly in a contrasting color, "slow, children" on both the front and rear of the vehicle and which can be illuminated by the driver when stopped or standing for the purpose of selling ice cream or frozen desserts. The sign shall be of sufficient size to be clearly legible to one of normal vision from a distance of 200 feet.

(b) The driver of any vehicle overtaking a motor vehicle selling ice cream or frozen desserts shall heed the "slow, children" sign and exercise due caution when passing said vehicle.

(c) No person shall operate any motor vehicle within the City of Cleveland for the purpose of selling ice cream or other frozen desserts within the public streets later than 8:15 p.m., during the months of May through August, inclusive, and no later than 6:00 p.m., other times.

(d) The time limitation set forth in division (c) shall not apply to the sale of ice cream or other frozen desserts by concessionaires under agreement within City of Cleveland-owned parks.

Also, notwithstanding and as an exception to the Codified Ordinances of Cleveland, Ohio, 1976, vehicles selling ice cream and other frozen desserts in the city streets shall park within six (6) inches of the curb. This provision shall not apply to such vehicles within the city parks.

(e) Whoever violates this section shall be guilty of a misdemeanor of the fourth degree for the first offense and for each violation thereafter, shall be guilty of a misdemeanor of the third degree. (Ord. No. 2180-B-86. Passed 2-1-88, eff. 2-8-88)

431.43     Driving with Open Rear HatchNo person shall operate a hatchback motor vehicle with the rear hatch open, except when necessary to transport cargo. "Hatchback motor vehicle" shall mean any motor vehicle equipped with a single hinged rear window panel in lieu of a trunk lid, which may be opened to provide access to the vehicle. Whoever violates this section is guilty of a minor misdemeanor. (Ord. No. 2998-89. Passed 6-18-90, eff. 6-27-90)

431.44     Idle Reduction, Exemptions, Penalty(a) Purpose. The purpose of this section is to protect public health and the environment by reducing emissions while conserving fuel, maintaining adequate rest and safety of all drivers, and removing barriers to economic development imposed by the region's air quality status under the federal Clean Air Act.

(b) Applicability. As used in this section, “vehicle” has the same meaning as in Section 4511.01, R.C.

(c) General Requirement. Except as provided in division (d) of this section:

(1) the owner or operator of a vehicle shall not cause or allow a vehicle to idle for more than 5 minutes in any 60-minute period; and

(2) the owner or operator of a vehicle that is loading or unloading at a loading dock or loading/unloading area, and the owner or operator of the loading dock or loading/unloading area, shall not cause or allow a vehicle to idle in that loading/unloading area for more than 10 minutes in any 60 minute period.

(d) Exemptions. Division (c) of this section does not apply when:

(1) The outdoor temperature is below 32 degrees Fahrenheit or above 85 degrees Fahrenheit. However, idling is limited to 10 minutes in any 60 minute period.

(2) To prevent a safety or health emergency, a vehicle idles when operating defrosters, heaters, air conditioners, or when installing equipment.

(3) A vehicle idles while forced to remain motionless because of on-highway traffic, an official traffic control device or signal, or at the direction of a law enforcement official.

(4) A police, fire, ambulance, public safety, military, other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity, idles while in an emergency or training mode, or to maintain communications, and not solely for the convenience of the vehicle operator.

(5) The primary propulsion engine idles for maintenance, servicing, repair, or diagnostic purposes if idling is required for such activity, or idles as part of a state or federal inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection.

(6) Idling of the primary propulsion engine is necessary to power work-related mechanical or electrical operations other than propulsion (e.g., mixing or processing cargo or straight truck refrigeration). This exemption does not apply when idling for cabin comfort or to operate non-essential on-board equipment.

(7) An armored vehicle idles when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded.

(8) An occupied vehicle with a sleeper berth compartment idles for purposes of air conditioning or heating during a required rest or sleep period.

(9) A vehicle idles due to mechanical difficulties over which the driver has no control.

(10) A vehicle is only operating an auxiliary power unit, generator set, or other mobile idle reduction technology as a means to heat, air condition, or provide electrical power as an alternative to idling the main engine.

(11) A vehicle is actively engaged in work upon the surface of a street or highway, including construction, cleaning, and snow removal activities, and the operator is in the vehicle.

(e) Penalty. Whoever violates this section shall be guilty of a minor misdemeanor. (Ord. No. 207-09. Passed 6-8-09, eff. 10-1-09)

PART FOUR — TRAFFIC CODETitle V — Vehicles

Chapter 433 — Intoxication; Reckless Operation; SpeedComplete to June 30, 2010

CROSS REFERENCES

See sectional histories for similar State law.

Drug of abuse defined, RC 3719.011

Alcohol defined, RC 4301.01

Alteration of prima-facie speed limits, RC 4511.21, 4511.22, 4511.23

Failure to control vehicle, CO 431.34

Walking on highway while under the influence, CO 471.09

Speed limit in cemeteries, CO 557.05

Speed limit in parks, CO 559.27

Entertainment distracting traffic, CO 629.04

433.01     Driving While Under the Influence of Alcohol or Drugs; Tests; Presumptions; Penalties(a) No person shall operate any vehicle, streetcar, or trackless trolley within this City, if, at the time of the operation, any of the following apply:

(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

(2) The person has a concentration of eight-hundredths of one per cent or more but less than seven-teen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.

(3) The person has a concentration of ninety-six thousandths of one percent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.

(4) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.

(5) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person's urine.

(6) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person's whole blood.

(7) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person's blood serum or plasma.

(8) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath.

(9) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine.

(b) No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this City, if, at the time of the operation, any of the following apply:

(1) The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.

(2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.

(3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.

(4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.

(c) In any proceeding arising out of one incident, a person may be charged with a violation of division (a)(1) and a violation of division (b)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.

(d) (1) In any criminal prosecution or juvenile court proceeding for a violation of division (a) or (b) of this section or for an equivalent offense, the court may admit evidence on the concentration of alcohol, drugs of abuse, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within two hours of the time of the alleged violation. When a person submits to a blood test at the request of a law enforcement officer under Section 4511.191 of the Revised Code, only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood. The bodily substance withdrawn shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director pursuant to Section 3701.143 of the Revised Code.

(2) In a criminal prosecution or juvenile court proceeding for a violation of division (a) of this section or for an equivalent offense, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (a)(2), (3), (4), and (5) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (b) of this section or for an equivalent offense that is substantially equivalent to that division.

(3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, immediately upon the completion of the chemical test analysis. The person tested may have a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. The form to be read to the person to be tested, as required under Section 4511.192 of the Revised Code, shall state that the person may have an independent test performed at the person's expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer.

(4) A. As used in divisions (d)(4)B. and C. of this section, “national highway traffic safety administration” means the national highway traffic safety administration established as an administration of the United States department of transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.

B. In any criminal prosecution or juvenile court proceeding for a violation of division (a) or (b) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply:

1. The officer may testify concerning the results of the field sobriety test so administered.

2. The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.

3. If testimony is presented or evidence is introduced under division (d)(4)B.1. or 2. of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.

C. Division (d) (4)B. of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (d)(4)B. of this section.

(e)(1) Subject to division (e)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (a)(2), (3), (4), (5), (6), (7), (8), or (9) or (b)(1), (2), (3), or (4) of this section or for an equivalent offense that is substantially equivalent to any of those divisions, a laboratory report from any forensic laboratory certified by the Ohio Department of Health that contains an analysis of the

whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this division shall be admitted as prima-facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following:

A. The signature, under oath, of any person who performed the analysis;

B. Any findings as to the identity and quantity of alcohol, a drug of abuse, or a combination of them that was found;

C. A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties;

D. An outline of the analyst's or test performer's education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the Ohio Department of Health.

(2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in division (e)(1) of this section is not admissible against the defendant to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant.

(3) A report of the type described in division (e)(1) of this section shall not be prima-facie evidence of the contents, identity, or amount of any substance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice.

(f) Except as otherwise provided in this division, any physician, registered nurse, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability and civil liability as provided in Section 4511.19(F) of the Revised Code.

(g) (1) Whoever violates any provision of divisions (a)(1) to (9) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them, The court shall sentence the offender under this section unless the offense constitutes a felony under the laws of the State of Ohio, in which case this section shall not apply, and except as otherwise authorized or required by divisions (g)(1)A. to E. of this section:

A. Except as otherwise provided in division (g)(1)B., C., D., or E. of this section, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the following:

1. If the sentence is being imposed for a violation of division (a)(1), (2), (3), (4), or (5) of this section, a mandatory jail term of three consecutive days. As used in this division, three consecutive days means seventy-two consecutive hours. The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months. The court may suspend the execution of the three-day jail term under this division if the

court, in lieu of that suspended term, places the offender under a community control sanction pursuant to Section 2929.25 of the Revised Code and requires the offender to attend, for three consecutive days, a drivers' intervention program certified under section 3793.10 of the Revised Code. The court also may suspend the execution of any part of the three-day jail term under this division if it places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code for part of the three days, requires the offender to attend for the suspended part of the term a drivers' intervention program so certified, and sentences the offender to a jail term equal to the remainder of the three consecutive days that the offender does not spend attending the program. The Court may require the offender, as a condition of community control and in addition to the required attendance at a drivers' intervention program, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 3793 of the Revised Code by the Director of Alcohol and Drug Addiction Services that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose on the offender any other conditions of community control that it considers necessary.

2. If the sentence is being imposed for a violation of division (a)(6), (7), (8), or (9) of this section, except as otherwise provided in this division, a mandatory jail term of at least three consecutive days and a requirement that the offender attend, for three consecutive days, a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code. As used in this division, three consecutive days means seventy-two consecutive hours. If the court determines that the offender is not conducive to treatment in a drivers' intervention program, if the offender refuses to attend a drivers' intervention program, or if the jail at which the offender is to serve the jail term imposed can provide a driver's intervention program, the court shall sentence the offender to a mandatory jail term of at least six consecutive days. The court may require the offender, under a community control sanction imposed under Section 2929.25 of the Revised Code, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 3793. of the Revised Code by the Director of Alcohol and Drug Addiction Services, in addition to the required attendance at drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose any other conditions of community control on the offender that it considers necessary.

3. In all cases, a fine of not less than two hundred fifty and not more than one thousand dollars;

4. In all cases, a class five license suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in division (a)(5) of Section 4510.02 of the Revised Code. The court may grant limited driving privileges relative to the suspension under Sections 4510.021 and 4510.13 of the Revised Code.

B. Except as otherwise provided in division (g)(1)E. of this section, an offender who, within six years of the offense, previously has been convicted of or pleaded guilty to one violation of division (a) or (b) of this section or one other equivalent offense is guilty of a misdemeanor of the first degree. The court shall sentence the offender to all of the following:

1. If the sentence is being imposed for a violation of division (a)(1), (2), (3), (4), or (5) of this section, a mandatory jail term of ten consecutive days. The court shall impose the ten-day mandatory jail term under this division unless, subject to division (g)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with

continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the ten-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Section 3703.10 of the Revised Code. If the operator of the program determines that the offender is alcohol dependent, the program shall notify the court, and, subject to division (i) of this section, the court shall order the offender to obtain treatment through an alcohol and drug addiction program authorized by Section 3793.02 of the Revised Code.

2. If the sentence is being imposed for a violation of division (a)(6), (7), (8), or (9) of this section, except as otherwise provided in this division, a mandatory jail term of twenty consecutive days. The court shall impose the twenty-day mandatory jail term under this division unless, subject to division (g)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the twenty-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court may require the offender to attend a driver's intervention program that is certified pursuant to Section 3793.10 of the Revised Code. If the operator of the program determines that the offender is alcohol dependent, the program shall notify the court, and, subject to division (i) of this section, the court shall order the offender to obtain treatment through an alcohol and drug addiction program authorized by Section 3793.02 of the Revised Code.

3. In all cases, notwithstanding the fines set forth in other sections of these Codified Ordinances, a fine of not less than three hundred fifty and not more than one thousand five hundred dollars;

4. In all cases, a class four license suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (a)(4) of Section 4510.02 of the Revised Code. The court may grant limited driving privileges relative to the suspension under Sections 4510.021 and 4510.13 of the Revised Code.

5. In all cases, if the vehicle is registered in the offender's name, immobilization of the vehicle involved in the offense for ninety days in accordance with Section 4503.233 of the Revised Code and impoundment of the license plates of that vehicle for ninety days.

C. Except as otherwise provided in division (g)(1)E. of this section, an offender who, within six years of the offense, previously has been convicted of or pleaded guilty to two violations of division (a) or (b) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the following:

1. If the sentence is being imposed for a violation of division (a)(1), (2), (3), (4), or (5) of this section, a mandatory jail term of thirty consecutive days. The court shall impose the thirty-day mandatory jail term under this division unless, subject to division (g)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the thirty-day mandatory jail term. Notwithstanding the jail terms set forth in Sections 2929.21 to 2929.28 of the Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year.

2. If the sentence is being imposed for a violation of division (a)(6), (7), (8), or (9) of this section, a mandatory jail term of sixty consecutive days. The court shall impose the sixty-day mandatory jail term under this division unless, subject to division (g)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the sixty-day mandatory jail term. Notwithstanding the jail terms set forth in Sections 2929.21 to 2929.28 of the Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year.

3. In all cases, notwithstanding the fines set forth in other sections of these Codified Ordinances, a fine of not less than five hundred fifty and not more than two thousand five hundred dollars;

4. In all cases, a class three license suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (a)(3) of Section 4510.02 of the Revised Code. The court may grant limited driving privileges relative to the suspension under Sections 4510.021 and 4510.13 of the Revised Code.

5. In all cases, if the vehicle is registered in the offender's name, criminal forfeiture of the vehicle involved in the offense in accordance with Section 4503.234 of the Revised Code. Division (g)(6) of this section applies regarding any vehicle that is subject to an order of criminal forfeiture under this division.

6. In all cases, participation in an alcohol and drug addiction program authorized by Section 3793.02 of the Revised Code, subject to division (i) of this section.

D. This section shall not apply when the circumstances described in Section 4511.19(G)(1)(d) of the Revised Code apply. This section shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio.

E. This section shall not apply when the circumstances described in Section 4511.19(G)(1)(e) of the Revised Code apply. This section shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio.

(2) An offender who is convicted of or pleads guilty to a violation of division (a) of this section and who subsequently seeks reinstatement of the driver's or occupational driver's license or permit or nonresident operating privilege suspended under this section as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in division (F)(2) of Section 4511.191 of the Revised Code.

(3) If an offender is sentenced to a jail term under division (g)(1)B.1. or 2. or (g)(1)C.1. or 2. of this section and if, within sixty days of sentencing of the offender, the court issues a written finding on the record that, due to the unavailability of space at the jail where the offender is required to serve the term, the offender will not be able to begin serving that term within the sixty-day period following the date of sentencing, the court may impose an alternative sentence under this division that includes a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. As an alternative to a mandatory jail term of ten consecutive days required by division (g)(1)B.1. of this section, the court, under this division, may sentence the offender to five consecutive days in jail and not less than eighteen consecutive days of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring. The cumulative total of the five consecutive days in jail and the period of house arrest with electronic monitoring shall not exceed six months. The five consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest. As an alternative to the mandatory jail term of twenty

consecutive days required by division (g)(1) B.2. of this section, the court, under this division, may sentence the offender to ten consecutive days in jail and not less than thirty-six consecutive days of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring. The cumulative total of the ten consecutive days in jail and the period of house arrest with electronic monitoring shall not exceed six months. The ten consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest. As an alternative to a mandatory jail term of thirty consecutive days required by division (g)(1) C.1. of this section, the court, under this division, may sentence the offender to fifteen consecutive days in jail and not less than fifty-five consecutive days of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring. The cumulative total of the fifteen consecutive days in jail and the period of house arrest with electronic monitoring shall not exceed one year. The fifteen consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest. As an alternative to the mandatory jail term of sixty consecutive days required by division (g)(1) C.1. of this section, the court, under this division, may sentence the offender to thirty consecutive days in jail and not less than one hundred ten consecutive days of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring. The cumulative total of the thirty consecutive days in jail and the period of house arrest with electronic monitoring shall not exceed one year. The thirty consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.

(4) If an offender's driver's or occupational driver's license or permit or nonresident operating privilege is suspended under division (g) of this section and if Section 4510.13 of the Revised Code permits the court to grant limited driving privileges, the court may grant the limited driving privileges in accordance with that section. If division (A) (7) of that section requires that the court impose as a condition of the privileges that the offender must display on the vehicle that is driven subject to the privileges restricted license plates that are issued under Section 4503.231 of the Revised Code, except as provided in division (B) of that section, the court shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of Section 4503.231 of the Revised Code.

(5) Fines imposed under this section for a violation of division (a) of this section shall be distributed as provided in Section 4511.19 of the Revised Code or as otherwise provided by law.

(6) If title to a motor vehicle that is subject to an order of criminal forfeiture under division (g)(1)C., D., or E. of this section is assigned or transferred and division (B)(2) or (3) of Section 4503.234 of the Revised Code applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealers association. The proceeds of any fine so imposed shall be distributed in accordance with division (C)(2) of that section.

(7) As used in division (g) of this section, “electronic monitoring,” “mandatory prison term,” and “mandatory term of local incarceration” have the same meanings as in Section 2929.01 of the Revised Code.

(h) Whoever violates division (b) of this section is guilty of operating a vehicle after underage alcohol consumption and shall be punished as follows:

(1) Except as otherwise provided in division (h)(2) of this section, the offender is guilty of a misdemeanor of the fourth degree. In addition to any other sanction imposed for the offense, the court shall impose a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction

permit, probationary license, or non-resident operating privilege from the range specified in division (A)(6) of Section 4510.02 of the Revised Code.

(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one or more violations of division (a) or (b) of this section or other equivalent offense, the offender is guilty of a misdemeanor of the third degree. In addition to any other sanction imposed for the offense, the court shall impose a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of Section 4510.02 of the Revised Code.

(h)(3) If the offender also is convicted of or also pleads guilty to a specification of the type described in Section 2941.1414 of the Revised Code and if the court imposes a jail term for the violation of division (b) of this section, the court shall impose upon the offender an additional definite jail term pursuant to division (E) of Section 2929.24 of the Revised Code, provided that the total length of jail time imposed under all provisions of Section 433.01 shall not exceed one (1) year.

(i) (1) No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under Chapter 3793. of the Revised Code by the Director of Alcohol and Drug Addiction Services.

(2) An offender who stays in a drivers' intervention program or in an alcohol treatment program under an order issued under this section shall pay the cost of the stay in the program. However, if the court determines that an offender who stays in an alcohol treatment program under an order issued under this section is unable to pay the cost of the stay in the program, the court may order that the cost be paid from the court's indigent drivers' alcohol treatment fund.

(j) If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension.

(k) All terms defined in Section 4510.01 of the Revised Code apply to this section. If the meaning of a term defined in Section 4510.01 of the Revised Code conflicts with the meaning of the same term as defined in Section 4501.01 or 4511.01 of the Revised Code, the term as defined in Section 4510.01 of the Revised Code applies to this section. (RC 4511.19). (Ord. No. 711-04. Passed 10-18-04, eff. 10-26-04)

433.011     Physical Control of Vehicle While Under the Influence; Testimony and Evidence Regarding Field Sobriety Test(a) As used in this section:

(1) "National highway traffic safety administration" has the same meaning as in Section 4511.19 of the Revised Code.

(2) "Physical control" means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's, or trackless trolley's ignition key or other ignition device.

(b) No person shall be in physical control of a vehicle, streetcar, or trackless trolley while under the influence of alcohol, a drug of abuse, or a combination of them or while the person's whole blood, blood

serum or plasma, breath, or urine contains at least the concentration of alcohol specified in division (a)(2), (3), (4), or (5) of Section 433.01 of this Traffic Code.

(c)(1) In any criminal prosecution or juvenile court proceeding for a violation of this section or a substantially equivalent municipal ordinance, if a law enforcement officer has administered a field sobriety test to the person in physical control of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply:

A. The officer may testify concerning the results of the field sobriety test so administered.

B. The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.

C. If testimony is presented or evidence is introduced under division (c)(1)A. or B. of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence, and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.

(c)(2) Division (c)(l) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (c)(l) of this section.

(d) Whoever violates this section is guilty of having physical control of a vehicle while under the influence, a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of Section 4510.02 of the Revised Code. (RC 4511.194; Ord. No. 835-03. Passed 6-10-03, eff. 1-1-04) Note: The prior comparable offense (not shown) is found at Section 433.01, division (b), as amended by Ordinance No. 1592-2000, passed December 18, 2000, and shall expire and be of no further force and effect on January 1, 2004.

433.02     Operation in Willful or Wanton Disregard of Safety(a) No person shall operate a vehicle on any street or highway in willful or wanton disregard of the safety of persons or property. (RC 4511.20)

(b) No person shall operate a vehicle on any public or private property other than streets or highways, in willful or wanton disregard of the safety of persons or property.

This subsection does not apply to the competitive operation of vehicles on public or private property when the owner of such property knowingly permits such operation thereon. (RC 4511.201) (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

433.03     Maximum Speed Limits; Assured Clear Distance Ahead(a) No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface and width of the street or highway and any other conditions, and

no person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead.

(b) It is prima-facie lawful, in the absence of a lower limit declared pursuant to RC 4511.21 by the Ohio Director of Transportation or Council, for the operator of a motor vehicle to operate the same at a speed not exceeding the following:

(1) A. Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty miles per hour school speed limit signs are erected; except, that on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (b)(4) of this section and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (b)(7) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights or giving other special notice of the hours in which the school zone speed limit is in effect.

B. As used in this section, "school" means any school chartered under RC 3301.16 and any nonchartered school that during the preceding year filed with the Department of Education in compliance with rule 3301-35-08 of the Ohio Administrative Code, a copy of the school's report for the parents of the school's pupils certifying that the school meets Ohio minimum standards for nonchartered, non-tax supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone.

C. As used in this section, "school zone" means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a state highway. Upon request from the City for streets and highways under its jurisdiction and that portion of a state highway under the jurisdiction of the Ohio Director of Transportation, the Director may extend the traditional school zone boundaries. The distances in divisions (b)(1) C.1. to 3. of this section shall not exceed 300 feet per approach per direction and are bounded by whichever of the following distances or combinations thereof the Director approves as most appropriate:

1. The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of 300 feet on each approach direction:

2. The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of 300 feet on each approach direction;

3. The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of 300 feet on each approach direction of highway.

Nothing in this section shall be construed to invalidate the Director's initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (b)(1)A. and C. of this section.

D. As used in this division, "crosswalk" has the meaning given that term in Section 401.14. The Director may, upon request by resolution of Council, and upon submission by the City of such engineering, traffic

and other information as the Director considers necessary, designate a school zone on any portion of a State route lying within the City that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from the school property line nearest the crosswalk to the nearest point of the crosswalk is no more than 1,320 feet. Such a school zone shall include the distance encompassed by the crosswalk and extending 300 feet on each approach direction of the State route;

(2) Twenty-five miles per hour in all other portions of the City, except on State routes outside business districts, through highways outside business districts and alleys;

(3) Thirty-five miles per hour on all State routes for through highways within the City outside business districts, except as provided in divisions (b)(4) and (5) of this section;

(4) Fifty miles per hour on controlled-access highways and expressways within the City;

(5) Fifty miles per hour on State routes within the City outside urban districts unless a lower prima-facie speed is established as further provided in this section;

(6) Fifteen miles per hour on all alleys within the City;

(7) Fifty-five miles per hour at all times on freeways with paved shoulders inside the City, other than freeways as provided in division (B)(8) of this section;

(8) Sixty-five miles per hour at all times on all portions of freeways that are part of the interstate system and are eligible for such speed in accordance with criteria issued by the federal highway administration and on all portions of freeways greater than five miles in length that are eligible for such speed in accordance with criteria issued by the federal highway administration or established by the "Intermodal Surface Transportation Efficiency Act of 1991," 105 Stat. 1968, 23 U.S.C.A. 154(a), for any motor vehicle weighing eight thousand pounds or less empty weight and any commercial bus, except fifty-five miles per hour for operators of any motor vehicle weighing in excess of eight thousand pounds empty weight and any noncommercial bus.

(9) A speed posted on signs erected on streets or highways in a construction zone advising motorists that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone during actual hours of work within the construction zone.

A. As used in this section, "construction zone" means that lane or portion of a street or highway open to vehicular traffic and adjacent to a lane, berm or shoulder of a street or highway within which lane, berm, or shoulder construction, reconstruction, resurfacing, or any other work of a repair or maintenance nature, including public utility work, is being conducted, commencing with the point where the first worker or piece of equipment is located and ending where the last worker or piece of equipment is located. (RC 5501.27)

(c) It is prima-facie unlawful for any person to exceed any of the speed limitations in divisions (b)(1)A. to (b)(6) of this section, or any declared pursuant to this section by the Director or local authorities and it is unlawful for any person to exceed the speed limitation in division (d) of this section. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.

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

(1) At a speed exceeding fifty-five miles per hour, except upon a freeway as provided in division (b)(8) of this section;

(2) At a speed exceeding sixty-five miles per hour upon a freeway as provided in division (b)(8) of this section except as otherwise provided in division (d)(3) of this section;

(3) If a motor vehicle weighing in excess of eight thousand pounds empty weight or a noncommercial bus as prescribed in division (b)(8) of this section, at a speed exceeding fifty-five miles per hour upon a freeway as provided in that division.

(e) In every charge of violation of this section the affidavit and warrant shall specify the time, place and speed at which the defendant is alleged to have driven, and in charges made in reliance upon division (c) of this section also the speed which divisions (b)(1)A. to (b)(6) of this section, or a limit declared pursuant to this section declares is prima-facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit him to bring the vehicle to a stop within the assured clear distance ahead the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.

(f) When a speed in excess of both a prima-facie limitation and the limitation in division (d) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both divisions (b)(1)A. to (b)(6) of this section, or of a limit declared pursuant to this section by the Director or local authorities, and of division (d) of this section. If the court finds a violation of divisions (b)(1)A. to (b)(6) of this section, or a limit declared pursuant to this section has occurred, it shall enter a judgment of conviction under such division and dismiss the charge under division (d) of this section. If it finds no violation of divisions (b)(1)A. to (b)(6) of this section or a limit declared pursuant to this section, it shall then consider whether the evidence supports a conviction under division (d) of this section.

(g) Points shall be assessed for violation of a limitation under division (d) of this section only when the court finds the violation involved a speed of five miles per hour or more in excess of the posted speed limit.

(h) Whenever the Ohio Director of Transportation determines upon the basis of an engineering and traffic investigation that any speed limit set forth in divisions (b)(1)A. to (d) of this section is greater than is reasonable or safe under the conditions found to exist at any intersection or other place upon any part of a State route, the Director shall determine and declare a reasonable and safe prima-facie speed limit, which shall be effective when appropriate signs giving notice are erected at the intersection or other part of the State route.

(i) Whenever Council determines upon the basis of an engineering and traffic investigation that the speed permitted by divisions (b)(1)A. to (d) of this section, on any part of a highway under their jurisdiction, is greater than is reasonable and safe under the conditions found to exist at such location, Council may by resolution request the Director to determine and declare a reasonable and safe prima-facie speed limit. Upon receipt of such request the Director may determine and declare a reasonable and safe prima-facie speed limit at such location, and if the Director does so, then such declared speed limit shall become effective only when appropriate signs giving notice thereof are erected at such location by the City. The Director may withdraw his declaration of any prima-facie speed limit whenever in his opinion any altered

prima-facie speed becomes unreasonable, and upon such withdrawal, the declared prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the City.

(j) Council may authorize by ordinance higher prima-facie speeds than those stated in this section upon through highways, or upon highways or portions thereof where there are no intersections, or between widely spaced intersections, provided signs are erected giving notice of the authorized speed, but Council shall not modify or alter the basic rule set forth in division (a) of this section or in any event authorize by ordinance a speed in excess of fifty miles per hour.

Alteration of prima-facie limits on State routes by Council shall not be effective until the alteration has been approved by the Director. The Director may withdraw his approval of any altered prima-facie speed limits whenever in his opinion any altered prima-facie speed becomes unreasonable, and upon such withdrawal, the altered prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the City. (RC 4511.21)

(k) Whenever, in accordance with RC 4511.21 or this section, the speed limitations as established herein have been altered, either higher or lower, and the appropriate signs giving notice have been erected as required, operators of motor vehicles shall be governed by the speed limitations set forth on such signs. It is prima-facie unlawful for any person to exceed the speed limits posted upon such signs. (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

433.04     Stopping or Slow Speed; Posted Minimum Speeds(a) No person shall stop or operate a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.

(b) Whenever the Ohio Director of Transportation or the Council determine on the basis of an engineering and traffic investigation that slow speeds on any part of a controlled-access highway, expressway, or freeway consistently impede the normal and reasonable movement of traffic, the Director or the Council may declare a minimum speed limit below which no person shall operate a motor vehicle, trackless trolley, or street car except when necessary for safe operation or in compliance with law. No minimum speed limit established hereunder shall be less than thirty miles per hour, greater than fifty miles per hour, nor effective until the provisions of RC 4511.21 and Section 433.03, relating to appropriate signs, have been fulfilled and the City has obtained the approval of the Director. (RC 4511.22)

(c) It is prima-facie unlawful for the operator of a vehicle to operate such vehicle on any portion of a controlled-access highway at a speed less than thirty-five miles per hour where the speed limit is fifty miles per hour and at a speed less than forty miles per hour where the speed limit is fifty-five miles per hour.

This limit shall not apply to any operation on a ramp nor to any person while engaged in maintenance or construction work on such highway or to any employee of a public agency while engaged in the performance of his official duties. (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

433.05     Speed Limitations over Bridges(a) No person shall operate a vehicle over any bridge or other elevated structure constituting a part of a street at a speed which is greater than the maximum speed that can be maintained with safety to such

bridge or structure, when such structure is posted with authorized signs stating such maximum speed. Such signs shall be erected and maintained at a distance of at least 100 feet before each end of such structure.

(b) Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed and the existence of such signs shall constitute prime-facie evidence of the maximum speed which can be maintained with safety to such bridge or structure. (RC 4511.23; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

433.06     Speed Exceptions for Emergency or Safety VehiclesThe prima-facie speed limitations set forth in Section 433.03 do not apply to emergency vehicles or public safety vehicles when they are responding to emergency calls and are equipped with and displaying at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and when the drivers thereof sound audible signals by bell, siren or exhaust whistle. This section does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using the street or highway. (RC 4511.24; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

433.07     Street Racing and Racing Prohibited(a) "Street racing" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds.

Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two or more vehicles side by side either at speeds in excess of prima-facie lawful speeds established by Section 433.03 or rapidly accelerating from a common starting point to a speed in excess of such prima-facie lawful speeds shall be prima-facie evidence of street racing.

(b) No person shall participate in a street race as defined in subsection (a) of this section upon any public road, street or highway in the City. (RC 4511.251)

(c) No person shall race or cause any motor vehicle to be raced on any public road, street, highway or other public place. (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

433.08     Reserved

Note: Former Section 433.08 was repealed by Ord. No. 755-A-86, passed 10-27-86, eff. 10-31-86. See Section 433.02.

433.09     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 Cleveland.

(c) Notwithstanding the provisions of division b, this section shall not be construed to prohibit the use of a wireless handset inside a motor vehicle to compose, send or read a text message by:

(1) a driver using a wireless handset to contact any law enforcement, police officers, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or

(2) a driver using a wireless handset inside a motor vehicle while such vehicle is parked, standing or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle.

(d) Penalty. Whoever violates this section shall be fined one hundred dollars for the first offense, two hundred and fifty dollars for a second offense, and no more than five hundred dollars for each subsequent offense. (Ord. No. 105-09. Passed 4-13-09, eff. 7-13-09)

PART FOUR — TRAFFIC CODETitle V — Vehicles

Chapter 435 — Licensing and AccidentsComplete to June 30, 2010

CROSS REFERENCES

See sectional histories for similar State law.

Deposit of driver's license as bond, RC 2937.221

Motor vehicle licensing law, RC Ch 4503

Driver's license law, RC Ch 4507

Power of trial court of record to suspend or revoke license for certain violations, RC 4507.16

State accident reports, RC 4509.01, 4509.06, 4509.74, 5502.11

Impounding vehicle with illegal license plates, CO 405.02

Tow truck licensing, CO 405.10

Glass removal from street after accident, CO 411.01

Taxicab driver's license, CO 443.13 et seq.

Sight-seeing car license required, CO 445.01

Sight-seeing car driver's license, CO 445.06 et seq.

Reports of accidents at airports, CO 571.11

Vehicular homicide, CO 621.02

435.01     Driver's or Commercial Driver's License Required; Restriction Violation(a) No person, except those expressly exempted under Section 4507.03 to 4507.05 of the Revised Code, inclusive, shall operate any motor vehicle upon a street or highway or any public or private property used by the public for purposes of vehicular travel or parking in the City unless such person has a valid driver's license issued under Chapter 4507 of the Revised Code or a valid commercial driver's license issued under Chapter 4506 of the Revised Code.

No person shall permit the operation of a motor vehicle upon any public or private property used by the public for purposes of vehicular travel or parking knowing such operator does not have a valid driver's license issued to the operator by the registrar of motor vehicles under Chapter 4507 of the Revised Code or a valid commercial driver's license issued under Chapter 4506 of the Revised Code.

No person, except those expressly exempted under Section 4507.03 to 4507.05 of the Revised Code, inclusive, shall operate any motorcycle upon a street or highway or any public or private property used by the public for purposes of vehicular travel or parking in the City unless such person has a valid license as a motorcycle operator, that was issued upon application by the registrar under Chapter 4507 of the Revised Code. The license shall be in the form of an endorsement, as determined by the registrar, upon a driver's or commercial driver's license, if the person has a valid license to operate a motor vehicle or commercial motor vehicle, or in the form of a restricted license as provided in Section 4507.14 of the Revised Code, if the person does not have a valid license to operate a motor vehicle or commercial motor vehicle. (RC 4507.02(A)(1) to (3))

(b) No nonresident of Ohio shall drive any motor vehicle upon a street or highway of the City unless he has in his possession a valid and current driver's or commercial driver's license issued to him by another jurisdiction recognized by the State of Ohio.

No nonresident of Ohio, upon demand of any police officer at any time or place, shall fail to prove lawful possession or his right to operate such motor vehicle, or fail to establish proper identity. (RC 4507.04)

(c) No person shall operate any motor vehicle in violation of any restriction imposed on his driver's or commercial driver's license by the Ohio Registrar of Motor Vehicles pursuant to Section 4507.14 of the Revised Code. (Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.02     Possession of More Than One License ProhibitedNo person shall receive a driver's license, or a motorcycle operator's endorsement of a driver's or commercial driver's license, unless and until he surrenders to the Registrar all valid licenses issued to him by another jurisdiction recognized by the State of Ohio. No person shall be permitted to have more

than one valid license at any time. (RC 4507.02(A)(4); Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.03     Driving with Temporary Instruction Permit Without Licensed DriverNo person, who is the holder of a temporary instruction permit, issued by the Ohio Registrar of Motor Vehicles pursuant to RC 4507.05, shall drive a motor vehicle upon a street or highway, except when having such permit in his immediate possession and when accompanied by a licensed operator who is actually occupying a seat beside the driver, and when the total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device. The holder of a temporary instruction permit issued by the Registrar pursuant to Section 4507.05 of the Revised Code is not entitled under this section to drive a commercial motor vehicle. (RC 4507.05; Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.04     Certain Acts ProhibitedNo person shall:

(a) Display, or cause or permit to be displayed, or possess any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit knowing the same to be fictitious, or to have been canceled, revoked, suspended or altered;

(b) Lend to a person not entitled thereto, or knowingly permit him to use any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit issued to the person so lending or permitting the use thereof;

(c) Display or represent as one's own, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit not issued to the person so displaying the same;

(d) Fail to surrender to the Ohio Registrar of Motor Vehicles, upon his demand, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit which has been suspended, canceled or revoked;

(e) In any application for an identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit, or any renewal or duplicate thereof, knowingly conceal a material fact, or present any physician's statement required under RC 4507.08 or 4507.081 when knowing the same to be false or fictitious. (RC 4507.30; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.05     Owner or Operator Allowing Another to DriveNo person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person if either of the following applies:

(a) The offender knows or has reasonable cause to believe the other person has no legal right to drive the motor vehicle;

(b) The offender knows or has reasonable cause to believe the other person's act of driving the motor vehicle would violate any prohibition contained in RC 4507.01 to 4507.39. (RC 4507.33) (Ord. No. 820-90. Passed 6-14-93, eff. 6-23-93)

435.06     Display of LicenseThe operator of a motor vehicle shall display his license, or furnish satisfactory proof that he has such license, upon demand of any peace officer or of any person damaged or injured in any collision in which such licensee may be involved. When a demand is properly made and the operator has his license on or about his person, he shall not refuse to display such license. Failure to furnish satisfactory evidence that such person is licensed under RC 4507.01 to 4507.30, inclusive, when such person does not have his license on or about his person shall be prima-facie evidence of his not having obtained such license. (RC 4507.35; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.07     Driver Under Suspension or Revocation(a) No person whose driver's or commercial driver's license or permit or nonresident's operating privilege has been suspended or revoked pursuant to Chapter 4509 of the Revised Code, shall operate any motor vehicle within this City, or knowingly permit any motor vehicle owned by him to be operated by another person in the City, during the period of the suspension or revocation, except as specifically authorized by Chapter 4509 of the Revised Code. No person shall operate a motor vehicle within this city, or knowingly permit any motor vehicle owned by him to be operated by another person in the city, during the period in which he is required by Section 4509.45 of the Revised Code to file and maintain proof of financial responsibility for a violation of Section 4509.101 of the Revised Code, unless proof of financial responsibility is maintained with respect to that vehicle.

(b) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this city in violation of any restriction of the person's driver's or commercial driver's license imposed under division (D) of Section 4506.10 or 4507.14 of the Revised Code.

(c) No person, whose driver's or commercial driver's license or permit has been suspended pursuant to Section 4511.191, Section 4511.196, or division (B) of Section 4507.16 of the Revised Code shall operate any motor vehicle within this City until after he has paid the license reinstatement fee required pursuant to division (L) of Section 4511.191 of the Revised Code and the license or permit has been returned to the person or a new license or permit has been issued to the person.

(d) No person, whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended or revoked under any provision of the Revised Code other than Chapter 4509 of the Revised Code or under any applicable law in any other jurisdiction in which the person's license or permit was issued, shall operate any motor vehicle upon the highways or streets within this City during the period of the suspension or within one year after the date of the revocation. No person who is granted occupational driving privileges by any court shall operate any motor vehicle upon the highways or streets in this City except in accordance with the terms of the privileges.

(e) No person, whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (B) of Section 4507.16 of the Revised Code, shall operate any motor vehicle upon the highways or streets within this city during the period of suspension. No person who is granted occupational driving privileges by any court shall operate any motor vehicle upon the highways or streets in this city except in accordance with the terms of those privileges. (RC 4507.02(B) to (D))

(f) No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Section 4511.191 or Section 4511.196 of the Revised Code shall operate a vehicle upon the highways or streets within this City. (RC 4511.192)

(g) It is an affirmative defense to any prosecution brought pursuant to divisions (a) to (d) of this Section that the alleged offender drove under suspension because of a substantial emergency, provided that no other person was reasonably available to drive in response to the emergency. (RC 4507.02(E); Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.08     Operation or Sale Without Certificate of TitleNo person shall:

(a) Operate in this City a motor vehicle for which a certificate of title is required without having such certificate in accordance with RC 4505.01 to 4505.21 or upon which the certificate of title has been canceled;

(b) Display or display for sale or sell as a dealer or acting on behalf of a dealer, a motor vehicle without having obtained a manufacturer's or importer's certificate or a certificate of title therefor as provided in RC 4505.01 to 4505.21;

(c) Fail to surrender any certificate of title or any certificate of registration or license plates upon cancellation of the same by Registrar of Motor Vehicles and notice thereof as prescribed in RC 4505.01 to 4505.21;

(d) Fail to surrender the certificate of title to the Clerk of the Court of Common Pleas as provided in RC 4505.01 to 4505.21 in case of the destruction or dismantling or change of a motor vehicle in such respect that it is not the motor vehicle described in the certificate of title;

(e) Violate any rules promulgated pursuant to RC 4505.01 to 4505.21;

(f) Except as otherwise provided in RC Chapter 4517 sell at wholesale a motor vehicle ownership of which is not evidenced by an Ohio certificate of title, or the current certificate of title issued for the motor vehicle, or the manufacturer's certificate of origin, and all the title assignments that evidence the seller's ownership of the motor vehicle, and an odometer disclosure statement that complies with RC 4505.06 and Subchapter IV of the "Motor Vehicle Information And Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.

This section does not apply to persons engaged in the business of warehousing or transporting motor vehicles for the purpose of salvage disposition. (RC 4505.18; Ord. No. 2822-89. Passed 3-19-90, eff. 3-22-90)

435.09     Display of License Plates; Expired or Unlawful Plates(a) No person who is the owner or operator of a motor vehicle shall fail to properly display in plain view on the front and rear of such motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under RC 4503.19 and 4503.191, furnished by the Ohio Director of Public Safety, except that a manufacturer of motor vehicles or dealer therein, the holder of an in transit permit, and the owner or operator of a motorcycle, motorized bicycle, manufactured home, trailer or semitrailer shall display on the rear only. An apportioned vehicle receiving an apportioned license plate under the international registration plan shall display the plate only on the

front of a semitractor and on the rear of all other vehicles. Such number plates shall be securely fastened so as not to swing, and shall not be covered by any material which obstructs their visibility.

No person to whom a temporary license placard or windshield sticker has been issued for the use of a motor vehicle under RC 4503.182, and no operator of such motor vehicle, shall fail to display such temporary license placard in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle, or fail to display such windshield sticker in plain view on the rear window of the motor vehicle. Such temporary license placard or windshield sticker shall not be covered by any material which obstructs its visibility. (RC 4503.21)

(b) No person who is the owner of a motor vehicle which is parked or operated upon the public streets or highways shall fail to annually file the application for registration or to pay the tax therefor, as required by RC Chapter 4503. (RC 4503.11)

(c) No person shall park or operate upon the public streets or highways a motor vehicle acquired from a former owner who has registered the same in Ohio, while such vehicle displays the distinctive number or identification mark assigned to it upon its original registration. (RC 4549.11)

(d) No person who is the owner of a motor vehicle and a resident of Ohio shall park or operate such motor vehicle upon the public streets or highways, while it displays a distinctive number or identification mark issued by or under the authority of another state, without complying with the laws of Ohio relating to the registration and identification of motor vehicles. (RC 4549.12)

(e) No person shall park or operate any vehicle upon any public street or highway upon which is displayed an expired license plate or an expired validation sticker.

(f) No person shall park or operate any vehicle upon any public street or highway upon which are displayed any license plates not legally registered and issued for such vehicle, or upon which are displayed any license plates that were issued on an application for registration that contains any false statement by the applicant. (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.10     License Plates to Be UnobstructedNo person shall operate a motor vehicle, upon which license plates are required by law to be displayed, unless the license plates legally registered and issued for such vehicle shall be fastened in such a manner, and not covered, obscured or concealed by any part or accessory of such vehicle or by any foreign substance or material, to be readable in its entirety from left to right. (Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.11     Use of Illegal License Plates; Transfer of Registration(a) No person shall operate or drive a motor vehicle upon the streets of the City if it displays a distinctive number or identification mark which:

(1) Is fictitious;

(2) Is a counterfeit or an unlawfully made copy of any distinctive number or identification mark;

(3) Belongs to another motor vehicle, provided that this section does not apply to a person who fails to comply with the transfer of registration provisions of Section 4503.12 of the Revised Code. (RC 4549.08)

(b) Upon the transfer of ownership of a motor vehicle, the registration of such motor vehicle shall expire, and the original owner shall immediately remove such number plates from such motor vehicle, except if their display is authorized by Section 4503.12 of the Revised Code. The transfer of such number from the motor vehicle purchased by the same person in whose name the original number plates were issued shall be done within a period not to exceed thirty days. (RC 4503.12; Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.12     License Plate Loan or SaleNo person shall loan, sell, give away or otherwise traffic in any number or license plate or plates issued by any state or other duly authorized governmental agency in connection with the registration of a motor vehicle. However, nothing herein shall be deemed to apply to the issuance of license plates pursuant to law. (Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.13     Reporting Motor Vehicle RepossessionNo person engaged in the business of making loans, purchasing notes secured by mortgages, conditional sales agreements or any other liens upon motor vehicles, or engaged in any other business involving the repossession of motor vehicles shall fail to notify the Police Division of any repossession of motor vehicles and to give such additional information as may be required within one hour after repossession of any motor vehicle, when the same is taken without the owner's consent or knowledge. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

435.14     Reporting Unclaimed Motor VehiclesNo person engaged in the business of operating a garage or parking space or lot, or renting space for the parking or storing of four or more motor vehicles, or engaged in the business of repairing motor vehicles, parts and accessories shall fail to report to the Police Division when any motor vehicle has remained in his or its possession and is unclaimed for more than fifteen days, except where the same has been parked or placed in storage by police order. However, nothing herein shall apply where arrangements have been made for continuous storage or parking and where the owner of the motor vehicle so parked or stored is personally known to the owner or operator of such garage, parking lot or space, so that the name and address of such owner can be furnished upon request of any member of the Police Division. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

435.15     Stopping After Accident upon Streets; Collision with Unattended VehicleIn case of accident to or collision with persons or property upon any of the public streets or highways, due to the driving or operation thereon of any motor vehicle, the person so driving or operating such motor vehicle, having knowledge of such accident or collision, shall immediately stop his motor vehicle at the scene of the accident or collision and shall remain at the scene of such accident or collision until he has given his name and address and, if he is not the owner, the name and address of the owner of such motor vehicle, together with the registered number of such motor vehicle, to any person injured in such accident or collision or to the operator, occupant, owner or attendant of any motor vehicle damages in such accident or collision, or to any police officer at the scene of such accident or collision.

In the event the injured person is unable to comprehend and record the information required to be given by this section, the other driver involved in such accident or collision shall forthwith notify the nearest police authority concerning the location of the accident or collision, and his name, address and the registered number of the motor vehicle he was operating, and then remain at the scene of the accident or

collision until a police officer arrives, unless removed from the scene by an emergency vehicle operated by a political subdivision or an ambulance.

If such accident or collision is with an unoccupied or unattended motor vehicle, the operator so colliding with such motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on such unoccupied or unattended motor vehicle. (RC 4549.02; Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.16     Stopping After Accident upon Property Other Than StreetsIn case of accident or collision resulting in injury or damage to persons or property upon any public or private property other than public streets or highways, due to the driving or operation thereon of any motor vehicle, the person so driving or operating such motor vehicle, having knowledge of such accident or collision, shall stop, and, upon request of the person injured or damaged, or any other person, shall give such person his name and address, and if he is not the owner, the name and address of the owner of such motor vehicle, together with the registered number of such motor vehicle, and if available, exhibit his driver's or commercial driver's license.

If the owner or person in charge of such damaged property is not furnished such information, the driver of the motor vehicle involved in the accident or collision shall, within twenty-four hours after such accident or collision, forward to the Police Division the same information required to be given to the owner or person in control of such damaged property and give the date, time and location of the accident or collision.

If such accident or collision is with an unoccupied or unattended motor vehicle, the operator so colliding with such motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on such unoccupied or unattended motor vehicle. (RC 4549.021; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.17     Vehicle Accident Resulting in Damage to RealtyThe driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to such real property, legally upon or adjacent to a public street or highway, shall immediately stop and take reasonable steps to locate and notify the owner or person in charge of such property of such fact, of his name and address, and of the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his driver's or commercial driver's license.

If the owner or person in charge of such property cannot be located after reasonable search, the driver of the vehicle involved in the accident resulting in damage to such property shall, within twenty-four hours after such accident, forward to the Police Division the same information required to be given to the owner or person in control of such property and give the location of the accident and a description of the damage insofar as it is known. (RC 4549.03; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

PART FOUR — TRAFFIC CODETitle V — Vehicles

Chapter 437 — Safety and EquipmentComplete to June 30, 2010

CROSS REFERENCES

See sectional histories for similar State law.

Warning devices for commercial vehicles disabled upon freeways, RC 4513.28

Use of stop and turn signals, CO 431.14

Wheel protectors for commercial vehicles, CO 439.09

Towing requirements, CO 439.10

Use of studded tires and chains, CO 439.14

Bicycle equipment, CO 473.05 et seq.

Sounding motor vehicle horns unnecessarily, CO 605.10

Noise produced by motor vehicles that are out of repair, CO 605.10

Mufflers required for engines, CO 605.12

Litter thrown by persons in vehicles, CO 613.06

437.01     Driving Unsafe Vehicles(a) No person shall drive or move, or cause or knowingly permit to be driven or moved, on any street any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property.

(b) Nothing contained in this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter.

(c) The provisions of this chapter with respect to equipment on vehicles do not apply to implements of husbandry, road machinery, road rollers or agricultural tractors except as made applicable to such articles of machinery. (RC 4513.02; Ord. No. 2822-89. Passed 3-19-90, eff. 3-22-90)

437.02     Lighted Vehicle Lights Required at Specified Times; Measurement of Distances and Heights

(a) Every vehicle, other than a motorized bicycle, operated upon a street or highway within this state shall display lighted lights and illuminating devices as required by sections 4513.04 to 4513.37 of the Revised Code during all of the following times:

(1) The time from sunset to sunrise;

(2) At any other time when, due to insufficient natural light or unfavorable atmospheric conditions, persons, vehicles, and substantial objects on the highway are not discernible at a distance of one thousand feet ahead;

(3) At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield.

Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the director of public safety under section 4511.521 of the Revised Code. No motor vehicle, during any time specified in this section, shall be operated upon a street or highway within this state using only parking lights as illumination.

Whenever in such sections a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, such distance shall be measured upon a straight level unlighted highway under normal atmospheric conditions unless a different condition is expressly stated.

Whenever in such sections a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands.

(b) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause the operator of a vehicle being operated upon a street or highway within this state to stop the vehicle solely because the officer observes that a violation of division (a)(3) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that division, or causing the arrest of or commencing a prosecution of a person for a violation of that division.

(c) Whoever violates this section is guilty of a minor misdemeanor. (RC 4513.03) (Ord. No. 1410-09. Passed 2-8-10, eff. 2-12-10)

437.03     Headlights on Motor Vehicles and Motorcycles(a) Every motor vehicle, other than a motorcycle, shall be equipped with at least two headlights with at least one near each side of the front of the motor vehicle.

(b) Every motorcycle shall be equipped with at least one and not more than two headlights. (RC 4513.04; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.04     Tail Light; Illumination of Rear License Plate(a) Every motor vehicle, trailer, semitrailer, pole trailer or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted, shall emit a red light visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the tail light on the rear-most vehicle need be visible from the distance specified.

(b) Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate, when such registration plate is required, and render it legible from a

distance of fifty feet to the rear. Any tail light, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted, except where separate lighting systems are provided for trailers for the purpose of illuminating such registration plate. (RC 4513.05; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.05     Rear Red ReflectorsEvery new motor vehicle sold after September 6, 1941, and operated on a street, other than vehicles of the type mentioned in Section 437.06 or a commercial tractor to which a trailer or semitrailer is attached, shall carry at the rear, either as a part of the tail lights or separately, two red reflectors of such size and characteristics and so maintained as to be visible at night from all distances within 300 feet to fifty feet from such vehicle. (RC 4513.06; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.06     Safety Lighting on Commercial VehiclesBuses, trucks, commercial tractors, trailers, semitrailers and pole trailers, when operated upon any street, shall be equipped with clearance lights, marker lights, reflectors and stop lights as required by State regulations. Such equipment shall be lighted at all times mentioned in Section 437.02, except that clearance lights and side marker lights need not be lighted on a vehicle operated where there is sufficient light to reveal any person or substantial object on the street at a distance of 500 feet.

Such equipment shall be in addition to all other lights specifically required by Sections 437.02 to 437.15. Vehicles operated under the jurisdiction of the Ohio Public Utilities Commission are not subject to this section. (RC 4513.07; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.07     Obscured Lights on Vehicles in CombinationWhenever motor and other vehicles are operated in combination during the time that lights are required, any light, except tail lights, which by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination need not be lighted, but this section does not affect the requirement that lighted clearance lights be displayed on the front of the foremost vehicle required to have clearance lights or that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. (RC 4513.08; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.08     Red Light or Red Flag on Extended LoadsWhenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Section 437.02, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required by this section is in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than sixteen inches square. (RC 4513.09; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.09     Lights on Parked or Stopped VehiclesExcept in case of an emergency, whenever a vehicle is parked or stopped upon a roadway open to traffic or shoulder adjacent thereto, whether attended or unattended during the times mentioned in Section

437.02, such vehicle shall be equipped with one or more lights which shall exhibit a white or amber light on the roadway side visible from a distance of 500 feet to the front of such vehicle, and a red light visible from a distance of 500 feet to the rear. No lights need be displayed upon any such vehicle when it is stopped or parked where there is sufficient light to reveal any person or substantial object within a distance of 500 feet upon such street. Any lighted headlights upon a parked vehicle shall be depressed or dimmed. (RC 4513.10; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.10     Lights on Slow-Moving Vehicles; Emblem Required(a) All vehicles other than bicycles, including animal-drawn vehicles and vehicles referred to in division (c) of Section 437.01, not specifically required to be equipped with lights or other lighting devices by Sections 437.02 to 437.09, shall at all times specified in Section 437.02, be equipped with at least one light displaying a white light visible from a distance of not less than 1,000 feet to the front of the vehicle, and shall also be equipped with two lights displaying red light visible from a distance of not less than 1,000 feet to the rear of the vehicle, or as an alternative, one light displaying a red light visible from a distance of not less than 1,000 feet to the rear and two red reflectors visible from all distances of 600 feet to 100 feet to the rear when illuminated by the lawful lower beams of headlights.

Lights and reflectors required or authorized by this section shall meet standards adopted by the Ohio Director of Public Safety.

(b) All boat trailers, farm machinery, and other machinery, including all road construction machinery, upon a street or highway, except when being used in actual construction and maintenance work in an area guarded by a flagman, or where flares are used, or when operating or traveling within the limits of a construction area designated by the Ohio Director of Transportation, or the Municipal or County Engineer, when such construction area is marked in accordance with requirements of the Director and the Manual of Uniform Traffic Control Devices, as set forth in RC 4511.09, which is designed for operation at a speed of twenty-five miles per hour or less shall be operated at a speed not exceeding twenty-five miles per hour, and shall display a triangular slow-moving vehicle emblem (SMV). The emblem shall be mounted so as to be visible from a distance of not less than 500 feet to the rear. The Ohio Director of Public Safety shall adopt standards and specifications for the design and position of mounting the SMV emblem. The standards and specifications for SMV emblems referred to in this section shall correlate with and, so far as possible, conform with those approved by the American Society of Agricultural Engineers.

As used in this division (b), "machinery" does not include any vehicle designed to be drawn by an animal.

(c) The use of the SMV emblem shall be restricted to animal-drawn vehicles, and to the slow-moving vehicles specified in division (b) of this section operating or traveling within the limits of the highway. Its use on slow-moving vehicles being transported upon other types of vehicles or on any other type of vehicle or stationary object on the highway is prohibited.

(d) No person shall sell, lease, rent or operate any boat trailer, farm machinery, or other machinery defined as a slow-moving vehicle in division (b) of this section, except those units designed to be completely mounted on a primary power unit, which is manufactured or assembled on or after April 1, 1966, unless the vehicle is equipped with a slow-moving vehicle emblem mounting device as specified in division (b) of this section.

(e) Any boat trailer, farm machinery, or other machinery defined as a slow-moving vehicle in division (b) of this section may, in addition to the use of the slow-moving vehicle emblem, be equipped with a red flashing light which shall be visible from a distance of not less than 1,000 feet to the rear at all times specified in Section 437.02. When a double-faced light is used, it shall display amber light to the front and red light to the rear.

(f) Every animal-drawn vehicle upon a street or highway shall at all times be equipped in one of the following ways:

(1) With a slow-moving vehicle emblem complying with division (b) of this section;

(2) With alternate reflective material complying with rules adopted under this division (f);

(3) With both a slow-moving vehicle emblem and alternate reflective material as specified in this division (f).

The Ohio Director of Public Safety, subject to RC Chapter 119, shall adopt rules establishing standards and specifications for the position of mounting of the alternate reflective material authorized by this division (f). The rules shall permit, as a minimum, the alternate reflective material to be black, gray or silver in color. The alternate reflective material shall be mounted on the animal-drawn vehicle so as to be visible at all times specified in Section 437.02, from a distance of not less than 500 feet to the rear when illuminated by the lawful lower beams of headlamps.

(g) As used in this section, "boat trailer" means any vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less. (RC 4513.11; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

437.11     Spotlight and Auxiliary Lights(a) Any motor vehicle may be equipped with not more than one spotlight and every lighted spotlight shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle, nor more than 100 feet ahead of the vehicle.

(b) Any motor vehicle may be equipped with not more than three State approved auxiliary driving lights mounted on the front of the vehicle, which when used shall conform to State regulations. (RC 4513.12; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.12     Cowl, Fender and Back-Up Lights(a) Any motor vehicle may be equipped with side cowl or fender lights or lights on each side thereof which shall emit a white or amber light without glare.

(b) Any motor vehicle may be equipped with back-up lights, either separately or in combination with another light. No back-up lights shall be continuously lighted when the motor vehicle is in forward

motion. (RC 4513.13; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.13     Display of Lighted Lights(a) At all times mentioned in Section 437.02, at least two State approved lighted lights shall be displayed conforming to State regulations, one near each side of the front of every motor vehicle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles. (RC 4513.14)

(b) However, on a motorcycle there shall be displayed at least one and not more than two lighted lights as required herein. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.14     Use of Headlight BeamsWhenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 437.02, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons, vehicles and substantial objects at a safe distance in advance of the vehicle, except that upon approaching an oncoming vehicle, the lights or beams shall be so aimed that the glaring rays are not projected into the eyes of the oncoming driver. (RC 4513.15; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.15     Lights of Less Intensity on Slow-Moving VehiclesAny motor vehicle may be operated under the conditions specified in Section 437.02 when it is equipped with two lighted lights upon the front thereof capable of revealing persons and substantial objects seventy-five feet ahead in lieu of lights required in Section 437.13, provided that such vehicle shall not be operated at a speed in excess of twenty miles per hour. (RC 4513.16; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.16     Number of Lights; Limitations on Flashing, Oscillating or Rotating Lights(a) Whenever a motor vehicle equipped with headlights is also equipped with any auxiliary lights or spotlight or any other light on the front thereof projecting a beam of an intensity greater than 300 candle power, not more than a total of five of any such lights on the front of a vehicle shall be lighted at any one time when such vehicle is upon a highway.

(b) Any lighted light or illuminating device upon a motor vehicle, other than headlights, spotlights, signal lights or auxiliary driving lights, which projects a beam of light of an intensity greater than 300 candle power shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.

(c) Flashing lights are prohibited on motor vehicles, except as a means for indicating a right or a left turn, or in the presence of a vehicular traffic hazard requiring unusual care in approaching or overtaking or passing. This prohibition does not apply to emergency vehicles, road service vehicles servicing or towing a disabled vehicle, traffic line stripers, snow plows, rural mail delivery vehicles, vehicles transporting preschool children as provided in RC 4513.182, Ohio Department of Transportation maintenance vehicles, funeral hearses, funeral escort vehicles and similar equipment operated by the Department or local authorities, which shall be equipped with and display, when used on a street or highway for the special purpose necessitating such lights, a flashing, oscillating or rotating amber light, but shall not display a flashing, oscillating or rotating light of any color, nor to vehicles or machinery permitted by Section 437.10 to have a flashing red light.

(d) Except a person operating a public safety vehicle, as defined in Section 401.43, or a school bus, no person shall operate, move or park upon or permit to stand within the right of way of any public street or highway any vehicle or equipment which is equipped with and displaying a flashing red or a flashing combination red and white light, or an oscillating or rotating red light, or a combination red and white oscillating or rotating light; and except a public law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the State or City, operating a public safety vehicle when on duty, no person shall operate, move or park upon, or permit to stand within the right of way of any street or highway any vehicle or equipment which is equipped with, or upon which is mounted, and displaying a flashing blue or a flashing combination blue and white light, or an oscillating or rotating blue light, or a combination blue and white oscillating or rotating light. This section shall not prohibit the use of warning lights required by law or the simultaneous flashing of turn signals on disabled vehicles. (RC 4513.17; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

437.17     Focus and Aim of HeadlightsNo person shall use any lights mentioned in Sections 437.02 to 437.16 upon any motor vehicle, trailer or semitrailer unless the lights are equipped, mounted and adjusted as to focus and aim in accordance with State regulations. (RC 4513.19; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.18     Motor Vehicle and Motorcycle BrakesThe following requirements govern as to brake equipment on vehicles:

(a) Every motor vehicle, other than a motorcycle, when operated upon a street or highway, shall be equipped with brakes adequate to control the movement of and to stop and hold such motor vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, then on such motor vehicles manufactured or assembled after January 1, 1942, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.

(b) Every motorcycle, when operated upon a street or highway, shall be equipped with at least one adequate brake, which may be operated by hand or by foot.

(c) Every motorized bicycle shall be equipped with brakes meeting the rules adopted by the Ohio Director of Public Safety under RC 4511.521.

(d) Every trailer or semitrailer, except a pole trailer, of a gross weight of 2,000 pounds or more, manufactured or assembled on or after January 1, 1942, when operated upon the streets or highways of the City, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and such brakes shall be so designed and connected that, in case of a breakaway of the towed vehicle, the brakes shall be automatically applied.

(e) In any combination of motor-drawn trailers or semitrailers equipped with brakes, means shall be provided for applying the rearmost brakes in approximate synchronism with the brakes on the towing vehicle, and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost brakes; or both of the above means, capable of being used alternatively, may be employed.

(f) Every vehicle and combination of vehicles, except motorcycles and motorized bicycles, and except trailers and semitrailers of a gross weight of less than 2,000 pounds, and pole trailers, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.

(g) The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.

(h) Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times and under all conditions of loading of being stopped on a dry, smooth, level road free from loose material, upon application of the service or foot brake, within the following specified distances, or shall be capable of being decelerated at a sustained rate corresponding to these distances:

   From speed of 20 m.p.h.

Brakes  Stopping distance (ft.) Deceleration (ft. per sec.)

All wheels  30  14Not on all 4 wheels 40  10.7(i) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. (RC 4513.20; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

437.19     Horn, Siren and Theft Alarm Signal(a) Every motor vehicle when operated upon a street shall be equipped with a horn which is in good working order and capable of emitting sound audible, under normal conditions, from a distance of not less than 200 feet.

(b) No motor vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle or bell. Any vehicle may be equipped with a theft alarm signal device which shall be so arranged that it cannot be used as an ordinary warning signal. Every emergency or public safety vehicle shall be equipped with a siren, whistle or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the Ohio Director of Public Safety. Such equipment shall not be used except when such vehicle is operated in response to an emergency call or is in the immediate pursuit of an actual or suspected violator of the law, in which case the driver of the emergency or public safety vehicle shall sound such equipment when it is necessary to warn pedestrians and other drivers of the approach thereof. (RC 4513.21)

(c) No person shall use the horn of a motor vehicle except to give warnings to other drivers or pedestrians. (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

437.20     Muffler; Muffler Cutout; Excessive Smoke, Gas or Noise(a) No person shall own, operate or have in his possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle or in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.

(b) No person shall own, operate or have in his possession any motor vehicle or motorcycle which emits a flame generated by the ignition of any flammable substance in a muffler or any other device.

(c) No person shall own, operate or have in his possession any motor vehicle with an internal combustion engine which is not equipped with an adequate muffler or a motorcycle which is not equipped with a compound muffler, in constant operation and properly maintained to prevent any excessive or unusual noise or sound, and no muffler or exhaust system shall be equipped with a cutout, by-pass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise or sound emitted by the motor of the vehicle in excess of that emitted by the muffler originally installed on the vehicle, and the original muffler shall comply with all of the requirements of this section.

(d) For the purpose of this section "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise. Exhaust pipes shall be parallel to the ground and vehicle, or vertical, and if vertical, the exhaust from the pipes shall not be directed to the side of the vehicle.

(e) No person shall operate any motor vehicle which produces a sound or noise in excess of ninety-five decibels as measured not less than five feet from the source of such sound or noise. The term "decibel" means a unit for measurement of relative sound levels as indicated by a sound level meter having those properties essential for the purpose of administration and enforcement of this section of a nature defined by the current American Standard Association Specification (Z 24.3-1944). (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.21     Rear-View Mirror; Clear View to Front, Both Sides and RearEvery motor vehicle and motorcycle shall be equipped with a mirror so located as to reflect to the operator a view of the street to the rear of such vehicle or motorcycle. Operators of vehicles and motorcycles shall have a clear and unobstructed view to the front and to both sides of their vehicles or motorcycles and shall have a clear view to the rear of their vehicles or motorcycles by mirror. (RC 4513.23; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.22     Sign or Poster upon Windshield; Windshield Wiper(a) No person shall drive any motor vehicle, other than a bus, with any sign, poster or other nontransparent material upon the front windshield, sidewings, side or rear windows of such vehicle other than a certificate or other paper required to be displayed by law, except that there may be in the lower lefthand or righthand corner of the windshield a sign, poster, or decal not to exceed four inches in height by six inches in width. No sign, poster, or decal shall be displayed in the front windshield in such a manner as to conceal the vehicle identification number for the motor vehicle when, in accordance with

federal law, that number is located inside the vehicle passenger compartment and so placed as to be readable through the vehicle glazing without moving any part of the vehicle.

(b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be maintained in good working order and so constructed as to be controlled or operated by the operator of the vehicle. (RC 4513.24; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

437.23     Limited Load Extension on Left Side of Passenger VehicleNo passenger-type vehicle shall be operated on a street with any load carried on such vehicle which extends more than six inches beyond the line of the fenders on the vehicle's left side. (RC 4513.30; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.24     Motor Vehicle Stop LightsEvery motor vehicle, trailer, semi-trailer, and pole trailer when operated upon a highway shall be equipped with two or more stop lights, except that passenger cars manufactured or assembled prior to January 1, 1967, motorcycles, and motor-driven cycles shall be equipped with at least one stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. Such stop lights when actuated shall emit a red light visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the stop lights on the rear-most vehicle need be visible from the distance specified.

Such stop lights when actuated shall give a steady warning light to the rear of a vehicle or train of vehicles to indicate the intention of the operator to diminish the speed of or stop a vehicle or train of vehicles.

When stop lights are used as required by this section, they shall be constructed or installed so as to provide adequate and reliable illumination and shall conform to the appropriate rules and regulations established under RC 4513.19.

Historical motor vehicles as defined in Section 4503.181 of the Revised Code are not subject to this section. (RC 4513.071; Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

437.25     Air Cleaner RequiredNo person shall operate upon any street, alley or other public place any motor vehicle which is not equipped with a functioning air cleaner. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

437.26     Child Restraint System Usage; Exceptions, Dismissal and Penalty(a) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Section 401.43, that is registered in this State, and is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets Federal motor vehicle safety standards:

(1) a child who is less than four years of age;

(2) a child who weighs less than forty pounds.

(b) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is registered in this State and is owned, leased or otherwise under the control of a nursery school, kindergarten or day care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets Federal motor vehicle safety standards:

(1) a child who is less than four years of age;

(2) a child who weighs less than forty pounds.

(c) The Ohio Director of Public Safety shall adopt such rules as are necessary to carry out this section.

(d) The failure of an operator of a motor vehicle to secure a child in a child restraint system as required by this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section.

(e) This section does not apply when an emergency exists that threatens the life of any person operating a motor vehicle and to whom this section otherwise would apply or the life of any child who otherwise would be required to be restrained under this section.

(f) If a person who is not a resident of this State is charged with a violation of division (a) or (b) of this section and does not prove to the court, by a preponderance of the evidence, that his use or nonuse of a child restraint system was in accordance with the law of the state of which he is a resident, the court shall impose the fine levied by division (h) of this section. (RC 4511.81)

(g) Whoever is a resident of this state and violates division (a) or (b) of this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, such person is guilty of a misdemeanor of the fourth degree.

(h) Whoever is not a resident of this state and violates division (a) or (b) of this section and fails to prove by a preponderance of the evidence that his use or nonuse of a child restraint system was in accordance with the law of the state of which he is a resident is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree.

(i) Sixty-five percent of every fine imposed pursuant to divisions (g) or (h) above shall be forwarded to the Treasurer of the State of Ohio for deposit in the "Child Highway Safety Fund" pursuant to RC 4511.99(H)(3). The balance of the fine shall be disbursed as otherwise provided by law. (Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

437.27     Drivers and Passengers Required to Wear Seat Belts; Penalty(a) As used in this section:

(1) “Automobile” means any commercial tractor, passenger car, commercial car or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by

regulations adopted by the United States Secretary of Transportation pursuant to the “National Traffic and Motor Vehicle Safety Act of 1966,” 80 Stat. 719, 15 U.S.C.A. 1392.

(2) “Occupant restraining device” means a seat safety belt, shoulder belt, harness or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum Federal vehicle safety standards established by the United States Department of Transportation.

(3) “Passenger” means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.

(4) “Commercial tractor,” “passenger car,” and “commercial car” have the same meanings as provided in RC 4501.01.

(5) “Vehicle” and “motor vehicle,” as used in the definition of the terms set forth in division (a)(4) of this section, have the same meanings as provided in Chapter 401.

(6) “Tort action” means a civil action for damages for injury, death, or loss to person or property. “Tort action” includes a product liability claim, as defined in Section 2307.71 of the Revised Code, and an asbestos claim, as defined in Section 2307.91 of the Revised Code, but does not include a civil action for damages for breach of contract or another agreement between persons.

(b) No person shall do any of the following:

(1) Operate an automobile on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator's seat unless he is wearing all of the available elements of the device, as properly adjusted;

(2) Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in division (b)(3) of this section is wearing all of the available elements of a properly adjusted occupant restraining device;

(3) Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device;

(4) Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.

(c) Division (b)(3) of this section does not apply to a person who is required by Section 437.26 to be secured in a child restraint device. Division (b)(1) of this section does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addresses. Divisions (b)(1) and (3) of this section do not apply to a person who has an affidavit signed by a physician licensed to practice in this State under RC Chapter 4731 or a chiropractor licensed to practice in this State under RC Chapter 4734 that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.

(d) 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 division (b) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for such a violation or for causing the arrest of or commencing a prosecution of a person for such violation, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether such a violation has been or is being committed.

(e) All fines collected for violations of division (b) of this section shall be forwarded to the Treasurer of State for deposit in accordance with division (E) of Section 4513.263 of the Revised Code.

(f) (1) Subject to division (F)(2) of this section, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device in violation of division (B)(1) or (3) of this section or the failure of a person to ensure that each minor who is a passenger of an automobile being operated by that person is wearing all of the available elements of a properly adjusted occupant restraining device in violation of division (B)(2) of this section shall not be considered or used by the trier of fact in a tort action as evidence of negligence or contributory negligence. But, the trier of fact may determine based on evidence admitted consistent with the Ohio Rules of Evidence that the failure contributed to the harm alleged in the tort action and may diminish a recovery of compensatory damages that represents noneconomic loss, as defined in Section 2307.011 of the Revised Code, in a tort action that could have been recovered but for the plaintiff's failure to wear all of the available elements of a properly adjusted occupant restraining device. Evidence of that failure shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section; and shall not be admissible as evidence in a criminal action involving the person other than a prosecution for a violation of this section.

(2) If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device or was not wearing such a device as properly adjusted, then, consistent with the rules of evidence, the fact that such occupant was not wearing the available occupant restraining device, was not wearing all of the available elements of such a device or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following:

A. It seeks to recover damages for injury or death to such occupant;

B. The defendant in question is the manufacturer, designer, distributor or seller of the passenger car;

C. The claim for relief against the defendant in question is that the injury or death sustained by such occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy.

(g) Whoever violates division (b)(1) of this section shall be fined thirty dollars ($30.00).

(h) Whoever violates division (b)(3) of this section shall be fined twenty dollars ($20.00).

(i) Except as otherwise provided in this section, whoever violates division (b)(4) of this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense such person is guilty of a misdemeanor of the third degree. (RC 4513.263) (Ord. No. 732-08. Passed 6-9-08, eff. 6-9-08)

437.28     Use of Sunscreening Nontransparent and Reflectorized Materials(a) No person shall operate, on any street or other public or private property open to the public for vehicular travel or parking, nor lease or rent any motor vehicle that is required to be registered in this State with any sunscreening material, or other product or material, which has the effect of making the windshield or windows nontransparent or would alter the windows' color, increase its reflectivity, or reduce its light transmittance, except as herein specified:

(1) Any manufacturer's tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by "Federal Motor Vehicle Safety Standard Number 205". In Federal Motor Vehicle Safety Standard Number 205 "manufacturer" means any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale.

(2) Any motor vehicle with a strip of sunscreening applied along the top of the windshield so long as such material when used in conjunction with the windshield is transparent and is in compliance with "Federal Motor Vehicle Safety Standard Number 205", or other applicable Federal Standards, and does not extend downward beyond the AS-1 line or five inches from the top of the windshield, whichever is closer to the top.

(3) Any motor vehicle with sunscreening material applied to the side windows near the driver and passenger in the front of such vehicle and/or the rear windows so long as such material when used in conjunction with the safety glazing materials of such windows has a light transmittance of not less than fifty percent (50%) plus or minus three percent (3%) and is not red or yellow in color.

(b) No person shall install in any motor vehicle any glass or other material that fails to conform to the specifications of this section.

(c) No used motor vehicle dealer or new motor vehicle dealer, as defined in RC 4517.01, shall sell any motor vehicle that fails to conform to the specifications of this section.

(d) No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings or rear window.

(e) No person shall operate on any street or other public or private property open to the public for vehicular travel or parking, nor lease or rent any motor vehicle that is required to be registered in this State that is equipped with privacy drapes, louvers, curtains or blinds unless the drapes, louvers, curtains or blinds are open and secure during vehicle operation.

(f) All motor vehicles, beginning with the 1990 model year, shall be equipped with labels identifying sunscreening material. All sunscreening material shall indicate the manufacturer's name and the percentage level of light transmission of the material permanently installed between the material and the surface to which the material is applied or affixed. Such label shall be legible and shall be placed in the lower left-hand corner of the vehicle window when viewed from the outside. (OAC 4501-41-03)

(g) Exemptions. The provisions of this section do not apply to:

(1) A motor vehicle registered in this State in the name of a person, or the person's parent, legal guardian or spouse who has an affidavit signed by a physician licensed to practice in this State under RC Chapter 4731 or an affidavit signed by an optometrist licensed to practice in this State under RC Chapter 4725 that states that the person has a physical condition that makes it necessary to equip such motor vehicle

with sunscreening material which would be of a light transmittance and/or luminous reflectance in violation of this section. Such affidavit shall be in the possession of the person so afflicted or the driver at all times while in the motor vehicle;

(2) The windows to the rear of the driver in limousines as defined in Rule 4501-41-02 of the Ohio Administrative Code if the limousines are operated for hire;

(3) The windows to the rear of the driver in those vehicles designed and used to transport corpses which include hearses and other vehicles adapted for such use; and

(4) The manufacturer's tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by "Federal Motor Vehicle Safety Standard Number 205". (OAC 4501-41-05)

(h) Definitions. As used in this section, certain terms are defined as follows:

(1) "Motor vehicle" has the same meaning as specified in Section 401.26.

(2) "Sunscreening material" means products or materials, including film, glazing and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduce the effects of the sun with respect to light reflectance or transmittance.

(3) "Transmittance" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing.

(4) "Windshield" means the front exterior viewing device of a motor vehicle.

(5) "Window" means any device designed for exterior viewing from a motor vehicle, except the windshield or any roof-mounted viewing device.

(6) "Manufacturer" unless otherwise specified in this section, means any person who engages in the manufacturing or assembling of sunscreening products or materials or any person who fabricates, laminates or tempers a safety glazing material, incorporating, during the manufacturing process, the capacity to reflect or reduce the transmission of light.

(7) "Limousine" means any vehicle of the type generally described as a limousine, designed to transport seven or more people. (OAC 4501-41-02; Ord. No. 2822-89. Passed 3-19-90, eff. 3-22-90)

437.29     Bumper Heights(a) Definitions.

(1) "Passenger car" means any motor vehicle with motive power, designed for carrying ten persons or less, except a multipurpose passenger vehicle or motorcycle.

(2) "Multipurpose passenger vehicle" means a motor vehicle with motive power, except a motorcycle, designed to carry ten persons or less, that is constructed either on a truck chassis or with special features for occasional off-road operation.

(3) "Truck" means every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating of 10,000 pounds or less.

(4) "Manufacturer" has the same meaning as in RC 4501.01.

(5) "Gross vehicle weight rating" means the manufacturer's gross vehicle weight rating established for the vehicle.

(6) "Body floor height" means the vertical distance between top of the frame rail and the bottom of the passenger compartment (cab) floor. In the event that the vehicle is a truck body floor height will be measured by the vertical distance between the passenger compartment (cab) floor and the floor of the truck bed.

(7) "Bumper height" means the vertical distance between the ground and the highest point of the bottom of the bumper, measured when the vehicle is laden on a level surface with the vehicle tires inflated to the manufacturer's recommended pressure.

(8) "Frame" means the main longitudinal structural members of the chassis of the vehicle or, for vehicles with unitized body construction, the lowest main longitudinal structural members of the body of the vehicle. (OAC 4501-43-02)

(b) Prohibitions; Application.

(1) No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this State that does not conform to the requirements of this section.

(2) No person shall modify any motor vehicle registered in this State in such a manner as to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation, and no person shall disconnect any part of the original suspension system of the vehicle to defeat the safe operation of that system including the installation of inverted, altered or modified suspension system component parts which results in elevation of the height of the vehicle bumper or frame unit which is not in compliance with this section.

(3) No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this State without a bumper on the front and rear of the vehicle if such vehicle was equipped with bumpers as standard equipment by the manufacturer.

(4) No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this state if the difference in height between the body floor and the top of the frame exceeds four inches.

(5) Nothing contained in this section shall be construed to prohibit either of the following:

A. The installation upon a passenger car, multipurpose passenger vehicle or truck registered in this State of heavy duty equipment, including shock absorbers and overload springs as long as such equipment does not cause the vehicle to be in violation of this section;

B. The operation on a street or highway of a passenger car, multipurpose passenger vehicle or truck registered in this State with normal wear to the suspension system if the normal wear does not adversely affect the control of the vehicle.

(6) This section does not apply to any specially designed or modified passenger car, multipurpose passenger vehicle or truck when operated off a street or highway in races and similar events.

(7) A specially designed or modified passenger car, multipurpose passenger vehicle or truck which does not conform to this section shall not be operated on a street or highway. (OAC 4501-43-03)

(c) Specifications.

(1) The horizontal bumper shall be at least 4.5 inches in vertical height, centered on the vehicle's centerline, and extend no less than the width of the respective wheel track distances. Bumpers shall be horizontal load bearing bumpers and attached to the vehicle frame to effectively transfer impact when engaged.

(2) Maximum bumper heights shall be determined by weight category of gross vehicle weight rating (GVWR) measured in terms of the vertical distance between the ground and the bottom of the frame rail or bumper. Maximum bumper heights are as follows:

Front Rear(inches)(inches)

Passenger Vehicles 22 224,500 lbs. and under GVWR 24 264,501 lbs. to 7,500 lbs. GVWR 27 297,501 lbs. to 10,000 lbs. GVWR28 31(3) If the body and/or truck bed height is altered the difference in height between the body floor and/or the truck bed floor to the top of the frame rail shall not exceed four inches.

(4) For any vehicle with bumpers or attaching components which have been modified or altered from the original manufacturer's design in order to conform with the maximum bumper requirements of this section, the bumper height shall be measured from a level surface to the bottom of the vehicle frame rail at the most forward and rearward points of the frame rail.

(5) The height restriction in this division (c) applies to the distance from the ground to the bottom of the frame rail under any one or more of the following conditions:

A. A motor vehicle is not equipped with a front and rear bumper.

B. The bumper height relative to the frame rails has been altered.

C. A supplemental bumper has been installed or an addition to the original or replacement has been made. (OAC 4501-43-04; Ord. No. 2822-89. Passed 3-19-90, eff. 3-22-90)

PART FOUR — TRAFFIC CODETitle V — Vehicles

Chapter 439 — Commercial and Heavy VehiclesComplete to June 30, 2010

CROSS REFERENCES

See sectional histories for similar State law.

Warning devices when disabled on freeways, RC 4513.28

Weighing vehicle; removal of excess load, RC 4513.33

Hours of service of truck drivers, RC 4921.30

Arrest notice of drivers, RC 5577.14

Raw rendering material transportation, CO 221.03

Parking commercial vehicles in residential districts, CO 349.13

Impounding commercial vehicles, CO 405.08

Slower moving vehicles to be driven in right-hand lane, CO 431.06

Safety lighting, CO 437.06

Slow-moving vehicle lights and emblem, CO 437.10, 437.15

Bus stops regulated, CO 451.18

Truck zones, CO 451.20

Parking trucks and commercial vehicles, CO 451.21

Garbage disposal vehicle sanitation, CO 551.38

Truck loads causing litter, CO 613.07

439.01     Oversize or Overweight Vehicle Operation on State Routes; State PermitNo person shall operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in RC 5577.01 to 5577.09, inclusive, or otherwise not in conformity with RC 4513.01 to 4513.37, inclusive, upon any State route within the City, except pursuant to special written permit issued by the Ohio Director of Transportation, or upon any local truck route. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer.

No holder of a permit issued by the Ohio Director of Transportation shall be required to obtain any local permit or license or pay any local fee or charge for movement on any State route within the City. However, no person shall operate any such vehicle or combination of vehicles upon any roadway within the City which is not a State route, except as provided in Section 439.02. (RC 4513.34; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.02     Permits for Overweight and/or Oversize Vehicles, Objects and Structures(a) The Director of Public Service may issue permits, upon written application, to move vehicles, objects or structures that are in excess of the weight and/or size limitations specified in this chapter over any street, highway, bridge or culvert, other than a state route. The Director of Public Service shall issue each permit for a particular vehicle, object or structure to move over a specific route prescribed by the Director.

(b) The Director of Public Service shall issue permits only for non-divisible loads, unless the Director determines that it would be in the best interests of the safety of the travelling public and the welfare of the transportation system to waive this restriction. As used in this section, "non-divisible" means that which cannot be reduced in size or weight, or which is impractical to divide, or which cannot be so adjusted as to be within the weight and size limitations specified in this chapter and RC 5577.01 to 5577.14.

(c) The Director of Public Service shall require each permittee to indemnify and save harmless the City of Cleveland with respect to the permittee's activities under the permit. The Director shall further require that the permittee maintain at all times during the term of the permit automobile liability insurance to insure both the permittee and the City of Cleveland with respect to permittee's activities under the permit, with limits not less than the following:

Bodily injury coverage per person

_ $375,000.00

Bodily injury coverage per occurrence

_ $375,000.00

Property damage coverage per occurrence

_ $375,000.00

In lieu thereof, a single limit policy of automobile liability insurance covering both personal injury and property damage in an amount not less than $750,000.00 may be substituted.

(d) The Director of Public Service may impose such additional requirements or conditions for the issuance of a permit under this section as the Director deems necessary for the safety and welfare of the citizens of the City of Cleveland and the travelling public, and to protect the integrity of the streets, highways, bridges and culverts in the City of Cleveland. Such additional requirements or conditions may include the keeping of a log of the number of moves made under the authority of a permit issued pursuant to this section.

(e) The Director of Public Service may issue such rules and regulations as the Director deems necessary to fulfill the purposes of this section and Section 439.021. Such rules and regulations shall take effect ten (10) days after publication in the City Record. (Ord. No. 2743-91. Passed 12-16-91, eff. 12-23-91) Note: Pursuant to Section 2 of Ord. No. 2743-91, Section 439.02, as enacted by Ord. No. 2743-91, shall take effect on February 1, 1992. Note: Section 439.02, enacted by Ord. No. 366-A-90, was re-enacted by Ord. No. 2363-91, passed 10-28-91, eff. 11-4-91, to extend the effective date, which was further extended by Ord. No. 2744-91, passed 12-16-91, eff. 12-23-91. Pursuant to Section 1 of Ord. No. 2744-91, amending the effective date in Section 2 of Ord. No. 2363-91, Section 439.02, as re-enacted by Ord. No. 2363-91, takes effect on November 1, 1991 and expires on January 31, 1992. Pursuant to Section 3 of Ord. No. 2744-91, all permits issued pursuant to Section 439.02, as enacted by Ord. No. 366-A-90 and extended by Section 3 of Ord. No. 2363-91, were further extended through and

including January 31, 1992, except that any permit issued for a single overweight and/or oversize move was not extended, but expired in accordance with the terms of the permit.

439.021     Categories of Permits for Overweight and/or Oversize Moves; Permit Fees(a) The Director of Public Service shall use the following categories for purposes of assessing fees for permits issued under Section 439.02:

(1) Active Permit. An active permit shall be issued for a single movement over a designated route, and may allow for return to the place of origin over the same route with approval of the Director of Public Service. An active permit shall be issued for a duration of not to exceed 72 hours, except that a permit allowing the movement of a load in excess of 120,000 lbs. shall be for a duration of not to exceed five (5) days.

(2) Continuing Permit. A continuing permit shall be issued for repeated movements of the same vehicle, including any approved load and axle spacing, over the same routing between the same two locations. A continuing permit shall be issued for a period of not to exceed 365 days.

(3) Construction Equipment Permit. A construction equipment permit shall be issued for repeated movements of the same vehicle to and from construction work sites. A construction equipment permit shall be for a vehicle, including trailer and/or equipment or machinery, which does not exceed twelve feet in width, and which does not exceed the weight, length, and height limitations of this chapter and Sections 5577.02 and 5577.05 of the Revised Code. A construction equipment permit shall be issued for a period of not to exceed 365 days.

(4) Inactive Permit. An inactive permit shall be issued for repeated movements of the same vehicle, including the approved load and axle spacing. For an inactive permit, the route is not specified when the application is submitted. When a given route is subsequently submitted to and approved by the Director of Public Service, the Director shall issue a validation number, which shall activate the permit for a duration of not to exceed 72 hours. An inactive permit shall be issued either for a period of not to exceed 90 days, or for a period of not to exceed 365 days, the duration of which shall be in accordance with the amount paid by the applicant under the schedule of fees set forth in division (b) of this section.

(b) The Director of Public Service shall charge the following fees for permits issued under Section 439.02:

Active permit — (single movement) FeeProcessing fee — 72 hours or 5 days $15.00Overweight surcharge $7.50Overwidth surcharge (over 12') $7.50Overheight surcharge (over 14' 6") $15.00Return trip surcharge with authorization $7.50Continuing Permit FeeProcessing fee — 365 days $20.00Overweight surcharge $7.50Overwidth surcharge (over 12') $7.50Overheight surcharge (over 14' 6") $15.00Construction Equipment Permit (up to 12'  wide) FeeProcessing fee — 365 days $15.00Inactive Permit Fee

Processing fee — 365 days $15.00Processing fee — 90 days $7.50Validation number charge (approval of routing) and return $7.50

Overweight surcharge $7.50Overwidth surcharge (over 12') $7.50Overheight surcharge (over 14' 6") $15.00(c) In addition to the foregoing fees and charges, if a police escort is required by state law, or at any other time that the Director of Public Service and the Traffic Commissioner determine that a police escort is needed, the permittee shall also reimburse the City for the costs of the escort as determined by the Chief of Police. (Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

439.03     Weight of Vehicle and Load; Truck Routes(a) No vehicle, object or structure shall be operated or moved upon any public street, highway, bridge or culvert within the City other than a State Route having an axle load, wheel load or a vehicle and load weight in excess of the maximums specified in RC 5577.01 to 5577.14, inclusive, or such lesser axle load, wheel load or vehicle and load weight as the Director of Public Service shall determine due to the conditions of the public street, highway, bridge or culvert.

(b) All motor trucks whose axle load, wheel load or vehicle and load weight is in excess of the maximum specified in division (a) of this section, shall operate in conformity with signs posted by the Chief of Police, or the officer designated in charge of traffic control prohibiting, limiting or diverting such motor trucks on such residential street, except while receiving goods or making deliveries along such streets. (Ord. No. 2515-89. Passed 12-11-89, eff. 12-15-89)

439.04     Operation of Commercial Units upon Through StreetsAll commercial tractors, trailers, semitrailers and pole trailers and trucks in excess of 7,000 pounds gross weight shall be operated in the lane nearest the right-hand edge of the roadway upon all through streets and highways when parking is prohibited in such traffic lane, otherwise in the lane of traffic immediately left thereof. No such vehicles shall overtake and pass any other moving vehicle traveling in the same direction in the right-hand lane of any through street and highway unless otherwise directed by a police officer or traffic control device.

The provisions of this section do not apply when commercial tractors, trailers, semitrailers and pole trailers and trucks in excess of 7,000 pounds gross weight are making an approach for a left turn or when the lane nearest the right-hand edge of the roadway or the lane immediately left thereof upon any through street or highway is not available for travel, or when the lane nearest the right-hand edge of the roadway is reserved for vehicles making or intending to make a right turn at the next nearest intersection and when traffic control devices have been placed or erected to so indicate the restricted use of such traffic lane. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.05     Following Distance for TrucksThe driver of any truck or motor vehicle drawing another vehicle, when traveling upon a roadway, shall maintain a space of 200 feet whenever conditions permit, between such vehicle and another truck or motor vehicle drawing another vehicle ahead, so an overtaking vehicle may enter and occupy such space without danger. The provisions of this section shall not be construed to prevent overtaking and passing

nor shall the same apply upon any lane specially designated for use by trucks. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.06     Slow-Moving Vehicles or Equipment Crossing Railroad TracksNo person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway, upon or across any tracks at a railroad grade crossing, without first complying with subsections (a) and (b) hereof.

(a) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same, and while stopped he shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall proceed only upon exercising due care.

(b) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car.

If the normal sustained speed of such vehicle, equipment or structure is not more than three miles per hour, the person owning, operating or moving the same shall also give notice of such intended crossing to a station agent or superintendent of the railroad, and a reasonable time shall be given to such railroad to provide proper protection for such crossing. Where such vehicles or equipment are being used in constructing or repairing a section of highway lying on both sides of a railroad grade crossing, and in such construction or repair it is necessary to repeatedly move such vehicles or equipment over such crossing, one daily notice specifying when such work will start and stating the hours during which it will be prosecuted is sufficient. (RC 4511.64; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.07     Maximum Width, Height and LengthNo vehicle shall be operated upon the public streets, highways, bridges and culverts within the City, whose dimensions exceed those specified in this section.

(a) No such vehicle shall have a width in excess of:

(1) 104 inches for passenger bus type vehicles operated exclusively within municipal corporations;

(2) 102 inches, excluding such safety devices as are required by law, for passenger bus type vehicles operated over freeways and such other State roads with minimum pavement widths of twenty-two feet, except those roads or portions thereof over which operation of 102-inch buses are prohibited by order of the Ohio Director of Transportation;

(3) 132 inches for traction engines;

(4) 102 inches, including load, for all other vehicles, except that the Director may, by journal entry, prohibit operation of 102-inch vehicles on such State routes or portions thereof as the Director designates.

(b) No such vehicle shall have a length in excess of:

(1) 60 feet for passenger bus type vehicles operated by a regional transit authority pursuant to Sections 306.30 to 306.54 of the Revised Code;

(2) 40 feet for any other passenger bus type vehicle;

(3) 53 feet for any semitrailer when operation in a commercial tractor-semitrailer combination, with or without load, except that the Director may, by journal entry, prohibit the operation of any such commercial tractor-semitrailer combination on such State routes or portions thereof as the Director designates;

(4) Seventy-five feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations, not to exceed three saddlemounted vehicles, but which may include one fullmount;

(5) 28.5 feet for any semitrailer or trailer when operated in a commercial tractor-semi-trailer-trailer combination, except that the Director may, by journal entry, prohibit the operation of any such commercial tractor-semitrailer-trailer combination on such State routes or portions thereof as the Director designates;

(6) 65 feet for any other combination of vehicles coupled together, with or without load, except as provided in divisions (b)(3) and (5) of this section and in division (d) of this section;

(7) 40 feet for all other vehicles except trailers and semitrailers, with or without load.

(c) No such vehicle shall have a height in excess of thirteen feet six inches, with or without load.

(d) Any combination of vehicles designed and used exclusively for the transportation of motor vehicles shall be allowed a length of 65 feet, except that the load thereon may extend no more than four feet beyond the rear of such combination of vehicles and may extend no more than three feet beyond the front of such combination of vehicles.

The lengths prescribed in divisions (b)(2) to (7) of this section shall not include safety devices, bumpers attached to the front or rear of such bus or combination, energy conservation devices as provided in any regulations adopted by the Secretary of the United States Department of Transportation, or any noncargo-carrying refrigeration equipment attached to the front of trailers and semitrailers. In special cases, vehicles whose dimensions exceed those prescribed by this section may operate in accordance with rules promulgated by the Ohio Director of Transportation.

This section does not apply to fire engines, fire trucks or other vehicles or apparatus belonging to any municipal corporation or to the volunteer fire department of any municipal corporation or used by such department in the discharge of its functions. This section does not apply to vehicles and pole trailers used in the transportation of wooden and metal poles, nor to the transportation of pipes or well-drilling equipment nor to farm machinery and equipment. The owner or operator of any vehicle, machinery or equipment not specifically enumerated in this section but the dimensions of which exceed the dimensions provided by this section, shall when operating the same on the highways and streets of this state comply with the rules of the Director governing such movement, which rules the Director may adopt and promulgate. Sections 119.01 to 119.13 of the Revised Code apply to any rules adopted under this section, or the amendment or rescission thereof, and any person adversely affected shall have the same right of appeal as provided in such sections.

This section does not require the State, the City, County, township or any railroad or other private corporation to provide sufficient vertical clearance to permit the operation of such vehicle, or to make any changes in or about existing structures now crossing streets, roads and other public thoroughfares in

the City. (RC 5577.05; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

439.08     Route and Load InformationDrivers of vehicles described in this chapter shall be required, upon request by a police officer, to give full and true information as to the route they are following and the name of the consignor and consignee and place of delivery or removal and the location of any consignment being hauled or goods being removed, and upon a designation by such police officer of a route to be followed, shall immediately adopt and pursue such route. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.09     Wheel ProtectorsNo person shall drive or operate, or cause to be driven or operated, any commercial car, trailer or semitrailer, used for the transportation of goods or property, the gross weight of which, with load, exceeds three tons, upon the streets, bridges and culverts within the City unless such vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels of such vehicle or combination of vehicles to prevent, as far as practicable, the wheels from throwing dirt, water or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-fifth of the distance from the center of the rearmost axle to the center of the flaps under any conditions of loading of the vehicle, and they shall be at least as wide as the tires they are protecting. If the vehicle is so designed and constructed that such requirements are accomplished by means of fenders, body construction or other means of enclosure, then no such protectors or flaps are required. Rear wheels not covered at the top by fenders, bodies or other parts of the vehicle shall be covered at the top by protective means extending at least to the center line of the rearmost axle. (RC 5577.11; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.10     Towing Requirements(a) When one vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and such drawbar or other connection shall not exceed fifteen feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered.

(b) When one vehicle is towing another and the connection consists only of a chain, rope or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square.

(c) In addition to such drawbar or other connection, each trailer and each semitrailer which is not connected to a commercial tractor by means of a fifth wheel shall be coupled with stay chains or cables to the vehicle by which it is being drawn. The chains or cables shall be of sufficient size and strength to prevent the towed vehicle's parting from the drawing vehicle in case the drawbar or other connection should break or become disengaged. In case of a loaded pole trailer, the connecting pole to the drawing vehicle shall be coupled to the drawing vehicle with stay chains or cables of sufficient size and strength to prevent the towed vehicle's parting from the drawing vehicle.

(d) Every trailer or semitrailer, except pole and cable trailers and pole and cable dollies operated by a public utility, as defined in RC 5727.01, shall be equipped with a coupling device which shall be so designed and constructed that the trailer will follow substantially in the path of the vehicle drawing it, without whipping or swerving from side to side. Vehicles used to transport agricultural produce or agricultural production materials between a local place of storage and supply and the farm, when drawn

or towed on a street or highway at a speed of twenty-five miles per hour or less, and vehicles designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less, shall have a drawbar or other connection, including the hitch mounted on the towing vehicle, which shall be of sufficient strength to pull all the weight towed thereby. Only one such vehicle used to transport agricultural produce or agricultural production materials as provided in this section may be towed or drawn at one time, unless the towing vehicle is an agricultural tractor, as defined in Section 401.02. (RC 4513.32; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

439.11     Loads Dropping or Leaking; Removal Required; Tracking Mud(a) No vehicle shall be driven or moved on any street, highway or other public place unless such vehicle is so constructed, loaded or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand or other substances may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway.

(b) Except for a farm vehicle used to transport agricultural produce or agricultural production materials or a rubbish vehicle in the process of acquiring its load, no vehicle loaded with garbage, swill, cans, bottles, waste paper, ashes, refuse, trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste, scrap metal, or any other material of an unsanitary nature that is susceptible to blowing or bouncing from a moving vehicle shall be driven or moved on any street, highway or other public place unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the street, highway or other public place. (RC 4513.31)

(c) No person shall operate any vehicle so as to track or drop mud, stones, concrete, gravel or other similar material on any street, highway or other public place.

(d) It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud, stones, concrete, gravel or other similar material or permits the load or any portion thereof to be dropped or deposited upon any street, highway or other public place to immediately remove the same or cause it to be removed.

(e) Whoever violates this section is guilty of a misdemeanor of the third degree on the first offense, and a misdemeanor of the second degree on the second or any subsequent offense. (Ord. No. 2196-01. Passed 6-10-02, eff. 6-14-02)

439.12     Shifting Load; Loose Loads(a) In addition to any other lawful requirements of load distribution, no person shall operate any vehicle upon a street or highway unless such vehicle is so laden as to prevent its contents from shifting or otherwise unbalancing the vehicle to such an extent as to interfere with the safe operation of the same.

(b) No motor vehicle or trailer shall be driven unless the tailboard or tailgate, tarpaulins, chains (except ground or contact chains), ropes, stakes, poles, and the like, or any part of the load, are securely fastened to prevent dangling, flapping, swinging or falling from the side, end or top of the load or body. All projecting cargo shall be properly guarded by a red flag or cloth or a red light or lantern as required by Section 437.08. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.13     Vehicles with Spikes, Lugs and ChainsNo person shall drive over the improved streets of the City a traction engine or tractor with tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind extending beyond the cleats, or no person shall tow or in any way pull another vehicle over the improved streets of the City, which towed or pulled vehicle has tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind. "Traction engine" or "tractor," as used in this section, applies to all self-propelling engines equipped with metal-tired wheels operated or propelled by any form of engine, motor or mechanical power. (RC 5589.08; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.14     Use of Studded Tires and Chains(a) For purposes of this section, "studded tire" means any tire designed for use on a vehicle, and equipped with metal studs or studs of wear-resisting material that project beyond the tread of the traction surface of the tire. "Motor vehicle," "street or highway," "public safety vehicle" and "school bus" have the same meaning as given those terms in Chapter 401.

(b) No person shall operate any motor vehicle, other than a public safety vehicle or school bus, that is equipped with studded tires on any street or highway, except during the period extending from November 1 of each year through April 15 of the succeeding year.

(c) This section does not apply to the use of tire chains when there is snow or ice on the streets or highways where such chains are being used, or the immediate vicinity thereof. (RC 5589.081; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

439.15     Permitting or Driving While Fatigued or Ill Prohibited(a) No person shall drive a commercial motor vehicle, commercial car or commercial tractor while his ability or alertness is so impaired by fatigue, illness or other causes that it is unsafe for him to drive such vehicle. No driver shall use any drug which would adversely affect his ability or alertness.

(b) No owner of a commercial motor vehicle, commercial car or commercial tractor, or a person employing or otherwise directing the driver of such vehicle, shall require or knowingly permit a driver in any such condition described in subsection (a) hereof to drive such vehicle upon any street or highway. (RC 4511.79; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

439.16     Reserved

Note: Former Section 439.16 was repealed by Ord. No. 1684-76, passed 6-29-76, eff. 7-6-76.

439.99     Penalties(a) Whoever violates the weight provisions of Section 439.01 or Section 439.03 is guilty of a misdemeanor of the fourth degree for overloads not in excess of five thousand pounds; and is guilty of a misdemeanor of the third degree for overloads in excess of five thousand pounds but not in excess of ten thousand pounds. Whoever violates the weight provisions of Section 439.01 or Section 439.02 for overloads in excess of ten thousand pounds shall be fined $3.00 per one hundred pounds of overload plus court costs, and may be imprisoned not more than sixty days, or both.

(b) Whoever violates any other provision of Section 439.01 or Section 439.03 is guilty of a misdemeanor of the fourth degree on the first offense. On each subsequent offense within one year of the first offense,

the person is guilty of a misdemeanor of the third degree. (Ord. No. 366-A-90. Passed 10-22-90, eff. 10-29-90)

PART FOUR — TRAFFIC CODETitle V — Vehicles

Chapter 441 — Motor Buses—RepealedComplete to June 30, 2010

441.01 to 441.08     Motor Buses—Repealed

(Ord. No. 152-77. Passed 4-4-77, eff. 4-12-77)

PART FOUR — TRAFFIC CODETitle V — Vehicles

Chapter 443 — TaxicabsComplete to June 30, 2010

CROSS REFERENCES

Power to regulate, RC 715.22, 715.66

Power to fix rates, RC 715.25

Taxicab Bureau, CO 127.39

Operate for hire defined, CO 401.30

Taximeter defined, CO 401.63

Appeal from license denial, suspension or revocation, CO 403.09

Taxicab stands regulated, CO 451.18

Taxicabs at airports, CO 571.13

443.01     JurisdictionThe licensing and inspection of public hacks, the inspecting and sealing of taximeters, the examining of applicants for a license to drive such public hacks, and the licensing of drivers, as hereinafter provided, and the enforcing of the provisions of this chapter shall be under the control of the Commissioner of Assessments and Licenses. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

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

(a) "Association" means a society, whether incorporated or not, organized for the purpose of benefitting a group of not less than 25 owners of public hacks by providing for its members, dispatching services, a uniform and distinctive color scheme, and collection and maintenance of operating records.

(b) "Company" means any person, partnership or corporation owning 25 or more public hacks having a uniform distinctive color scheme.

(c) "Driver" means the person in actual physical control of a public hack.

(d) "Independent operator" means any owner to whom either of the following applies:

(1) Is the owner of less than twenty-five public hacks;

(2) Does not provide his own dispatching services.

(e) "Owner" means any natural person, partnership or corporation having legal or equitable title to a public hack and includes lessors.

(f) "Public hack" or "Hack" means any public vehicle whose owner or driver secures or accepts passengers for hire on the public streets, or in public or quasi-public places, except carriages as defined in division (a) of Section 447.01 and vehicles operated by the Cleveland Regional Transit Authority. (Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)

443.012     Rules and RegulationsThe Commissioner of Licenses and Assessments is hereby authorized to promulgate such rules and regulations, not inconsistent with the provisions of this chapter, as he shall deem necessary to carry out the provisions of this chapter. Such rules and regulations shall become effective ten days after their publication in the City Record. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.02     License Required; ApplicationNo public hack shall operate for hire upon the streets of the City without obtaining a license from the Commissioner of Assessments and Licenses. Such licenses shall be issued as of December 1, and shall expire on November 30, next succeeding, unless sooner suspended or revoked by the Commissioner. Application for a license for a public hack shall be made by the owner upon the blank forms to be furnished by the Commissioner, and such application shall contain the full name and address of the owner, the class of vehicle for which the license is desired, the length of time the vehicle has been in use, the number of persons it is capable of carrying, and the motor power thereof, together with the indemnity bond required by Section 443.06. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.021     Association Agreements(a) The Commissioner of Assessments and Licenses shall not issue a license to any independent operator until the independent operator provides the Commissioner with evidence that he is a member of, and will operate as part of an association approved by the Commissioner. No association shall be approved unless:

(1) The association agrees to provide dispatching services to its members.

(2) The association adopts and requires the use of a uniform and distinctive color scheme for the hacks of all its members.

(3) The association agrees to provide service to the public in accordance with the provisions of this chapter.

(4) The association agrees to assume the responsibility of collecting daily waybills and other operating records from individual members and maintaining the waybills and other operating records in one location. Waybills shall be retained for a period of at least one year and other operating records shall be retained for a period of at least three months. At all reasonable times, the association shall permit any

duly authorized officer or employee in the classified service of the City to examine all property of the association.

(b) Should the association membership of any independent operator be terminated, either by the independent operator or by the association, for any reason, the association shall immediately notify the Commissioner of this fact in writing. The Commissioner shall forthwith suspend or revoke any license granted under this chapter to the independent operator until the independent operator provides evidence that he has become a member of an association. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.022     Company Compliance; License Revocation(a) The Commissioner of Assessments and Licenses shall not issue a license to any company except on condition that such company will assume all the responsibilities required of an association by Section 443.021(a).

(b) The Commissioner of Assessments and Licenses shall suspend or revoke any license granted under this chapter to any company which fails to perform any duties required of associations by Section 443.021(a). (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.023     Licenses NontransferablePublic hack licenses issued pursuant to this chapter shall not be transferable from one vehicle to another.

Any person having a security interest of lien on any vehicle licensed as a public hack or on any equipment used in a public hack may notify the Commissioner of Licenses and Assessments of such security interest or lien. In the event the owner of such a vehicle or equipment does not apply for renewal of the license or the Commissioner of Assessments and Licenses suspends or revokes the license of such vehicle, the Commissioner shall notify the holder of the security interest or lien of such occurrence. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.03     Number of Hack Licenses FixedIt is hereby determined that 500 licenses issued to owners of public hacks is sufficient to serve adequately the need for hack service in the City of Cleveland. Each public hack license shall be prominen vehicle.

No owner or company shall be issued more than 350 cab licenses. (Ord. No. 1820-06, §2. Passed 12-11-06, eff. 12-14-06)

443.04     Limitation on New Hack Licenses(a) No license for the operation of public hacks in excess of the limitation prescribed by Section 443.03 shall be issued unless Council shall by resolution declare that public convenience and necessity require the issuance of additional public hack licenses in the number set forth in such resolution. Upon the passage of such resolution, approved by the Mayor, the Commissioner of Assessments and Licenses shall be authorized to issue the specified additional number of public hack licenses.

(b) Before the adoption of such resolution, Council shall provide for public hearings as may be necessary to determine whether public convenience and necessity require the issuance of additional public hack licenses, and the number of any of such public hack licenses which should be issued to meet such public

convenience and necessity. In determining whether public convenience and necessity require the issuance of any additional licenses for public hacks, Council shall take into consideration:

(1) The number of public hacks then licensed.

(2) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional licenses.

(3) The resulting effect upon the business of existing licenses and upon the existing agencies of mass transportation.

(4) The effect on traffic congestion and safety of the public using the streets.

(5) The effect upon working conditions and wages or other compensation paid to drivers of public hacks of existing licensees.

(6) The financial responsibility of the applicant.

(7) Any other fact which Council may deem relevant.

(c) No finding of public convenience and necessity shall be required for the issuance of licenses within the limitation of Section 443.03 and holders of existing licenses shall be entitled without such finding of convenience and necessity to retain their present licenses and secure renewals thereof upon the payment of the annual license fees. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.05     Inspection Prior to Licensing VehiclesNo license shall be granted for a vehicle over two years old, except that an existing license for a vehicle not more than five years old may be renewed if the Commissioner of Assessments and Licenses determines, after careful inspection of the vehicle, that it is in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance, and well painted. For purposes of this section, the age of the vehicle shall be determined by comparing the calendar year in which the application for license is being considered to the model year of the vehicle.

When licenses or renewals of existing licenses are issued for any public hacks which may have been disabled, disqualified, sold or may otherwise not be available at the time of the granting of such licenses, no such vehicle which may thereafter be acquired for use in connection with any such licenses shall be placed in operation until it has been thoroughly and carefully inspected and examined and found to be in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted. The Commissioner of Assessments and Licenses shall thereafter make inspections of such vehicles at least semiannually and may make inspections more frequently at his discretion.

The Commissioner shall refuse to permit the operation of any vehicle found by him to be unfit or unsuited for public patronage or to which a taximeter or acceptable radio receiver and transmitter is not affixed. He shall examine any taximeter attached to any public hack and see that the same is accurate before permitting the use thereof upon any public hack which may be placed in operation. The Commissioner is hereby authorized and empowered to establish reasonable rules and regulations for the inspection of public hacks and their appurtenances, construction and condition of fitness. (Ord. No. 278-93. Passed 7-14-93, eff. 7-24-93)

443.051     Safety Partitions or Surveillance Cameras for Taxicabs(a) Effective six months from the date of passage of this ordinance, each taxicab shall be equipped with at least one of the following:

(1) A safety partition meeting the requirements of division (b) to completely separate the driver from the passenger section of the taxicab, and power windows and door locks that can be operated by the driver; or

(2) A surveillance camera or cameras meeting the requirements of division (c); or

(3) A safe meeting the requirements of division (d).

The Commissioner shall inspect each taxicab for compliance with these requirements as part of the vehicle inspections conducted pursuant to Section 443.05.

(b) All safety partitions installed in taxicabs shall meet the following design standards, and such additional requirements as may be established by regulation:

(1) The partition shall be constructed of a bullet-resistant material.

(2) The partition shall be designed to prevent a person in the passenger compartment from reaching the driver.

(3) The partition shall be designed to afford the driver safe rearview vision.

(4) The design of the partition shall allow for ventilation and heat to the passenger compartment of the vehicle.

(5) The partition shall be designed to enable the driver to collect payment without leaving the vehicle, by use of a change slot, sliding partition, or similar means.

(6) The partition shall not contain any sharp edges or sharp points that may injure the driver or passengers.

(c) All surveillance cameras installed in taxicabs shall be suitable in design and placement to record the actions of the driver and passengers and, without limiting the scope of this requirement, suitable in design and placement to record acts or attempted acts of violence or criminal conduct. The camera(s) shall meet such additional requirements as may be established by regulation.

(d) All safes installed in taxicabs shall be suitable in design to provide a taxicab driver with the ability to deposit money in a safe that may not be removed from the taxicab and may only be opened under limited circumstances so as to protect the driver of the taxicab. The safe shall meet any additional requirements that may be established by regulation. Each taxicab driver with a safe shall possess no more than ten dollars ($10.00) in cash and a sign shall be posted conspicuously stating, "Driver carries no more than $10.00 in cash." Such sign shall be legible from the interior and exterior of the taxicab.

(e) Each owner or independent operator shall submit its design proposal for safety partitions, surveillance cameras or safes prior to the installation of the same, or if partitions, cameras or safes were installed prior to the effective date of this ordinance, then the owner or independent operator shall instead submit a detailed description of that equipment to the Commissioner within thirty days of the effective date of this ordinance. No taxicab partitions, surveillance cameras or safes, whether or not

installed prior to the effective date of this ordinance, shall be permitted from and after six months after passage of this ordinance unless the Commissioner determines that they comply with all requirements of this section.

(f) No taxicab company, association or independent operator shall increase its drivers' lease rates for the cost of compliance with this section. Any increase in drivers' expenses that may otherwise be allowable under Section 443.261 may not be implemented unless the taxicab company, association or independent operator first certifies to the Commissioner by affidavit that the costs of compliance with this section will not be borne by the taxicab drivers. The Commissioner may require the taxicab company, association or independent operator to produce books and records to demonstrate compliance with this division.

(g) The Commissioner of Licenses and Assessments is hereby authorized to issue such rules and regulations, not inconsistent with the provisions of this chapter, as the Commissioner deems necessary to carry out the provisions of this section. Such rules and regulations shall become effective ten (10) days after their publication in the City Record. (Ord. No. 995-2000. Passed 12-4-00, eff. 12-13-00)

443.06     Liability Insurance(a) No person shall operate a public back or other vehicle kept for hire or permit such to be operated, nor shall any license be issued until the applicant deposits with the Commissioner of Assessments and Licenses the following:

A policy or certificate of liability insurance for each hack for which a license is sought, acceptable to and approved by the Commissioner and the Director of Law with the following limits: $100,000 per person, $300,000 per vehicle, and $100,000 for property damage, or a combined single limit policy of $300,000. The policy shall further contain a clause obligating the insurance company to give ten days' written notice to the Commissioner before cancellation of the policy, with the license to expire upon the lapse or termination of the policy of insurance.

(b) Such policy of insurance shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon. If at any time in the judgment of the Commissioner such policy is not sufficient for any cause the Commissioner may require the owner of such public hack to replace such policy with another approved by the Commissioner and the Director of Law.

(c) A self-insured retention plan that is equivalent or better, in the judgment of the Commissioner of Assessments and Licenses, than the insurance described in this section may be accepted by the Commissioner in lieu of a policy or certificate of insurance. (Ord. No. 1820-06, §2. Passed 12-11-06, eff. 12-14-06)

443.07     Liability Agreement—Repealed

(Ord. No. 1820-06, § 3. Passed 12-11-06, eff. 12-14-06)

443.08     Licensee to File Monthly Statement of Claims and JudgmentsEvery licensee shall furnish to the Commissioner of Assessments and Licenses not later than the third day of each month a full and complete statement of claims filed and judgments rendered against such licensee arising out of the operation of public hacks or vehicles, which statement shall be in such form as the Commissioner prescribes. Failure to comply with the requirements of this section shall be a violation

of this section and cause for license suspension or revocation. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.09     License CardIf a public hack is found upon inspection to be of lawful construction, and in proper condition, in accordance with the provisions of this chapter, and the rules and regulations established thereunder, and upon the payment of the license fees, the same shall be licensed by delivering to the owner a card of such size and form as may be prescribed by the Commissioner of Assessments and Licenses. The card shall contain the official license number of the hack, together with the date of inspection of the same, and a statement to the effect that, in case of any complaints, the Commissioner shall be notified giving the license number of the hack. Such card shall be signed by the Commissioner, and shall contain blank spaces upon which an entry shall be made of the date of every inspection of the vehicle by the inspector. The license card shall be of a distinctly different color each year, and, in case of public hacks driven by mechanical power, the license number assigned thereunder shall in each case, be the same as that assigned to the vehicle for that year, pursuant to law. There shall also be printed upon such card the license number of such vehicle, which shall be conspicuously displayed within the hack as prescribed by the Commissioner. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.10     Fees for Licensing Vehicles(a) The following annual license fees shall be paid:

For each taxicab $ 75.00For each coach (capable of carrying 9 or less passengers) $ 75.00For each coach (capable of carrying 10 or more passengers)$150.00(b) For licenses issued on or after October 1 in each year, only one-half of the above fees shall be paid. (Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

443.11     Inspection Time and ReportsThe Commissioner of Assessments and Licenses shall maintain constant vigilance over all public hacks, to see that they are kept in a condition of continued fitness for public use. To this end, the Commissioner, through his inspectors, shall periodically inspect all public hacks, or on the complaint of any citizen, as often as may be necessary. Reports in writing of all inspections shall promptly be made to the Commissioner. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.12     License Suspension or RevocationThe Commissioner of Assessments and Licenses upon his own initiative may, and upon recommendation of the Chief of Police shall revoke or suspend any license granted under this chapter if the vehicle is used for immoral or illegal purposes or if the vehicle is not in good condition and appearance, clean and safe. Licenses revoked for the reason that the vehicle has been used for immoral or illegal business or purpose shall not be reissued again. Licenses revoked because of the condition and appearance of the vehicle shall not be reissued until the vehicle and its appearance are put in fit condition for use by the public. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.13     Drivers' Licenses; ApplicationEvery person driving a public hack, shall be licensed as such. Each applicant for a driver's license shall:

(a) Be eighteen years of age or over, an American citizen, or have declared his intention to become such a citizen, and a bona fide resident of Cuyahoga County for thirty days next preceding the date of such application.

(b) Present a certificate from a qualified physician that he is sound physically and mentally, has good eyesight, and that he suffers from no other infirmity of body and mind, which might render him unfit for the safe operation of a public vehicle.

(c) Be able to read and write the English language.

(d) Be clean in dress and person, and not be addicted to the use of intoxicating liquors or drugs.

(e) Produce, on forms to be provided by the Commissioner of Assessments and Licenses, two character references of persons not related to applicant.

(f) Fill out, upon a blank form to be provided by the Commissioner, a statement giving his full name, residence, places of residence for five years previous to moving to his present address, age, color, height, color of eyes and hair, place of birth, length of time he has resided in the City, whether a citizen of the United States, places of previous employment, whether married or single, whether he has ever been arrested or convicted of a felony or misdemeanor, whether he has been summoned to court, whether he has previously been licensed as a driver or chauffeur, and if so, whether his license has ever been revoked, and for what cause, which statement shall be signed and sworn to by the applicant, and filed with the Commissioner, as a permanent record. Any false statement made by the applicant for a license shall be promptly reported by the Commissioner to the prosecuting attorney of Cuyahoga County. The Commissioner is hereby authorized and empowered to establish such additional rules and regulations, covering the issuance of drivers' licenses, not inconsistent herewith, as may be necessary and reasonable. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.131     Convictions Which Bar Issuance of Driver's LicenseNo driver's license shall be issued if the applicant has been convicted of any of the following offenses:

(a) Manslaughter, or negligent homicide, resulting from the operating of a motor vehicle.

(b) Driving a motor vehicle while under the influence of intoxicating liquors or drugs. Any conviction under this subsection shall not be a bar to the issuance of a license if the conviction occurred more than five years prior to the date of application; or upon a recommendation of the Commissioner more than three years from the date of application for a license.

(c) Any felony in the commission of which a motor vehicle was used.

(d) Failure to stop and render aid as required under the laws of this State, or leaving the scene of an accident as specified by the laws of this State.

(e) Perjury or false swearing in making any statement under oath in connection with his application for driver's license.

(f) Conviction, or forfeiture of bail, not vacated, upon three charges of a violation of the motor vehicle laws of this state within a period of twelve months.

(g) Conviction of the violation of any law involving violence, theft or any form of stealing, or any crime involving moral turpitude that is reasonably related to the license referred to herein, within five years preceding the filing of the application for such license.

(h) Repeated violations of the City ordinances, which affect the safety of human life or limb on the streets of the City.

(i) Possession by a taxicab operator within his taxicab of opened or unopened beer, whiskey or wine, or of drugs or other stimulants not specifically prescribed for him by a medical doctor for his private use, or of gambling equipment or paraphernalia, stolen goods or any contraband property of any kind. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.14     Examination of DriversEach applicant for a driver's license under the provisions of this chapter, shall be examined by a person designated by the Commissioner of Assessments and Licenses as to his knowledge of the provisions of this chapter, the City Traffic Code, and the geography of the City, and, if the result of the examination is unsatisfactory, he shall be refused a license. Each applicant must, if required by the Commissioner, demonstrate his skill and ability to safely handle his vehicle, by driving it through a crowded section of the City, accompanied by a City inspector. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.15     Driver's Photograph and Fingerprints(a) Each applicant for a driver's license shall file with his application three unmounted, unretouched photographs of himself, in such position as the Commissioner of Assessments and Licenses may direct, taken within thirty days preceding the filing of his application. Photographs shall be of a size which may be easily attached to his license, one of which shall be attached to his license when issued; the others shall be filed with the application in the office of the Commissioner. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, upon demand of an inspector of licenses, a policeman or a passenger, exhibit his license and photograph for inspection. Where the application for a license is denied, two copies of the photograph shall be returned to the applicant by the Commissioner.

(b) Applications, with photographs attached, shall forthwith be forwarded to the Bureau of Criminal Identification, Police Division. No license shall be issued under the provisions of this chapter until the receipt in writing from such Bureau of a report showing the result of the investigation of the application. (Ord. No. 2358-A-80. Passed 5-11-81, eff. 5-13-81)

443.16     Form and Terms of Drivers' LicensesUpon satisfactory fulfillment of the foregoing requirements, there shall be issued to the applicant a license, which shall be in such form as to contain the photograph and name of the licensee. Any licensee who defaces, removes or obliterates any official entry made upon his license, shall be punished by revocation of his license. Drivers' licenses shall be issued as of December 1 in each and every year, and shall be valid to and including November 30 next succeeding, unless previously revoked. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.17     Temporary Permit Issuance; Term

Except when an extraordinary public emergency arises affecting transportation of the public upon the streets within the City, such temporary permits when issued shall be upon such terms and conditions as the Commissioner of Assessments and Licenses shall provide, but such temporary permit shall in no event be granted for a longer period than fifteen days, and may be renewable for similar periods, as necessary, only upon the written recommendation of the Commissioner made to Council, and approved by it.

The fee for such temporary permit shall be one dollar ($1.00) for the driver and ten dollars ($10.00) for the hack or vehicle. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.18     Driver's License CertificateThe Commissioner of Assessments and Licenses shall issue a license certificate bearing the photograph of the licensee, to each person licensed as the driver of a public hack. Such license certificate must, under penalty of suspension or revocation of the license, be conspicuously displayed at all times in the vehicle operated by such licensee and in the manner required by the Commissioner. The certificate shall be of such form and design as the Commissioner prescribes. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.19     Renewal of Drivers' LicensesAll renewals of drivers' licenses shall be in accordance with the procedure prescribed by the Commissioner of Assessments and Licenses.

No driver's license shall be renewed under this chapter unless the applicant has first paid all parking infraction judgments and default judgments and all notices of liability under Section 413.031 for red light or speeding violations, provided that the notices of liability under Section 413.031 are not on appeal, that are owed by applicant. (Ord. No. 645-06, § 2. Passed 6-12-06, eff. 6-16-06)

443.20     Fee for Drivers' LicensesThe license fee of ten dollars ($10.00) shall be paid for an original driver's license, or for renewals. (Ord. No. 2393-03. Passed 2-3-03, eff. 2-3-03)

443.21     Suspension or Revocation of Driver's LicenseA driver's license may be suspended or revoked at any time by the Commissioner of Assessments and Licenses upon his own initiative or upon the recommendation of the Chief of Police. Before suspending or revoking such license the Commissioner shall afford the licensee the opportunity of a hearing upon the charges. The licensee may appeal from such order in the manner provided by Section 403.09. A second suspension for the same reason or, in any case a third suspension of a driver's license shall operate as a revocation of such license. No driver whose license has been revoked shall again be licensed as a public hack driver in the City unless upon the presentation of reasons satisfactory to the Commissioner. The Commissioner shall notify the Police Division of all suspensions or revocations of drivers' licenses. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.22     Record of Drivers' LicensesThere shall be kept in the office of the Commissioner of Assessments and Licenses a complete record of each license issued to a driver, and of all renewals, suspensions and revocations thereof, which record

shall be kept on file with the original application of the driver for a license. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.23     Use of Taxicab Stands and Call Stations(a) Only public hacks shall remain at the taxicab stand while waiting for employment and only in single file pointed in accordance with the traffic regulations. No public hack shall refuse to carry any orderly person applying for a hack who agrees to pay the right rate of fare, but any orderly person may select any hack at the stand whether it is at the head of the line or not. As the hack leaves the line with passengers those behind shall move up, and any public cab or coach seeking a place on the stand shall approach the same only from the rear of the stand and shall stop as near as possible to the last cab already on the line. No cab or coach shall stand within five feet of any crosswalk. No public cab or coach shall stand at any place on the streets of the City for the purpose of soliciting business except upon the public stands herein established.

(b) The Commissioner of Assessments and Licenses may establish call stations at locations which have been surveyed and approved by the Commissioner of Traffic Engineering and Parking with respect to operation without unreasonable interference to traffic.

The permit of a call station shall specify the company or individual operating the same, and allow the driver employed by them to stop at and call up from such station for the purpose of answering or receiving orders. Not more than two cabs shall be parked at the designated point at the same time. The Commissioner of Assessments and Licenses shall maintain a list of call stations and their locations, and regulate their operation by issuance of such regulations as will become necessary.

(c) No public hack shall occupy a public stand unless a permit has been issued by the Commissioner of Assessments and Licenses. Application for permits to occupy a public stand shall be made in writing to the Commissioner by the owner of public cab. The form of the application shall be prescribed by the Commissioner. No vehicle other than a licensed public hack shall stop on any public stand or call station, except while receiving or discharging passengers.

(d) The Commissioner of Traffic Engineering and Parking shall designate public stands by permanent signs set at the curb boundaries, which signs shall bear the legend that it is a stand reserved for public licensees only. The Commissioner of Assessments and Licenses shall suspend or revoke the license of any public hack driver who stands in front of the entrance of any building, within the prohibited space, after his passengers desiring to leave the cab have alighted, or who attempts to stand in such prohibited space waiting for passengers, or who violates any of the other provisions of this section. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.24     Marking Taxicab StandsThe Commissioner of Traffic Engineering and Parking shall mark all taxicab stands in such manner as he determines necessary in order to advise the public of the restricted use of such area for taxicab stand purposes. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.25     Taximeters

(a) When Required. Every public hack driven by mechanical power, seating four passengers or less, shall have affixed thereto a taximeter of a size and design approved by the Commissioner of Assessments and Licenses.

(b) Inspection. No licenses shall be issued to a public hack until the taximeter attached thereto has been inspected and found to be accurate.

(c) Inaccuracy. No person shall use or permit to be used upon any public hack a taximeter which is in such condition as to be over five percent incorrect, to the prejudice of any passenger.

(d) Wheel Operated Prohibited. No taximeter affixed to a public hack, propelled by steam or gasoline, electricity or other motive power, shall be operated from any wheel to which the power is applied.

(e) Illumination of Dial. After sundown the face of every taximeter shall be illuminated by a suitable light, so arranged as to throw a continuous steady light thereon.

(f) Case to Be Sealed. No person shall use or permit to be used, or drive for hire, a public hack equipped with a taximeter, the case of which is unsealed, and not having its cover and gear intact.

(g) False Signal. No driver of a public hack equipped with a taximeter or other similar device, while carrying passengers, or under employment, shall display the signal affixed to such taximeter or other similar device, in such position as to denote such vehicle is not employed, or in such position as to denote that he is employed at a rate of fare different from that to which he is entitled under the provisions of this chapter.

(h) Unapproved Taximeter. No person shall drive a public hack to which is attached a taximeter that has not been duly inspected and approved.

(i) Violations. A violation of any of the provisions of this section shall render the offender liable to any penalty imposed in addition to license suspension or revocation. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

433.26     Rates of Fare; Receipts(a) Except as provided in division (f) of this section, the maximum rates of fare for gasoline fueled or propane fueled taxicabs, including sales tax, shall be as follows:

(1) For the first one-eighth mile or fraction thereof, two dollars and seventy-five cents ($2.75).

(2) For each additional one-eighth mile or fraction thereof, twenty-eight cents ($0.28).

(b) Waiting Time or Traffic Delay Charge. The rate for waiting or traffic delay shall be eighteen dollars ($18.00) per hour except for coaches hired at the hourly rate.

(c) Charge for More Than Four Passengers. The rate for carrying more than four passengers shall be an additional one dollar ($1.00) per person for each passenger over twelve years of age.

(d) Hourly Rate. On request of passengers, public hacks may accept employment where the fare may be computed on an hourly rental. When a public hack is so employed, the fare to be charged shall be computed from the time of leaving the nearest station of the owner to the time of returning to the nearest station from the point of dismissal.

(e) Receipt to be Given. On request of a passenger, the owner, driver, chauffeur or other person in charge or control of a public hack shall provide a receipt to the person paying for the hire of the same at the time of payment. The form of the receipt shall be prescribed and approved by the Commissioner of Assessments and Licenses, and shall contain in legible type or writing, the name of the owner, the City license number, the driver's City license number and other items for which a charge is made, the total amount paid, and the date of payment.

(f) Rates of Fare From Cleveland Hopkins International Airport. The following maximum rates of fare apply to gasoline fueled or propane fueled taxicabs which are transporting passengers from Cleveland Hopkins International Airport to another location. These rates of fare include metered rates, taxicab operating cost recovery, fuel surcharges and depreciation, sales tax, and applicable fees, and shall be as follows:

(1) Rates for 0 to 40 miles from the Airport

0 to 5 miles - $12.006 to 10 miles - $23.0011 to 15 miles- $33.0016 to 20 miles- $44.0021 to 25 miles- $55.0026 to 30 miles- $66.0031 to 35 miles- $76.0036 to 40 miles- $87.00(2) Rates for 41 to 55 miles from the Airport. Rates shall begin at $98.00 for 41 miles and shall be increased by $2.00 for every mile over 41 miles for a maximum of $126.00 for 55 miles from the Airport.

(3) Rates for 56 to 70 miles from the Airport. Rates shall begin at $130.75 for 56 miles and shall be increased by $2.00 for every mile over 56 miles for a maximum of $158.75 for 70 miles from the Airport.

(4) Rates for 71 to 85 miles from the Airport. Rates shall begin at $163.50 for 71 miles and shall be increased by $2.00 for every mile over 71 miles for a maximum of $191.50 for 85 miles from the Airport.

(5) Rates for 86 to 100 miles from the Airport. Rates shall begin at $196.25 for 86 miles and shall be increased by $2.00 for every mile over 86 miles for a maximum of $224.25 for 100 miles from the Airport.

(6) Rates for 101 to 115 miles from the Airport. Rates shall begin at $229.00 for 101 miles and shall be increased by $2.00 for every mile over 101 miles for a maximum of $257.00 for 115 miles from the Airport.

(7) Rates for 116 to 130 miles from the Airport. Rates shall begin at $261.75 for 116 miles and shall be increased by $2.00 for every mile over 116 miles for a maximum of $289.75 for 130 miles from the Airport.

(8) Rates for 131 to 145 miles from the Airport. Rates shall begin at $294.50 for 131 miles and shall be increased by $2.00 for every mile over 131 miles for a maximum of $322.50 for 145 miles from the Airport.

(9) Rates for 146 to 160 miles from the Airport. Rates shall begin at $327.25 for 146 miles and shall be increased by $2.00 for every mile over 146 miles for a maximum of $355.25 for 160 miles from the Airport.

(10) Rates for 161 to 175 miles from the Airport. Rates shall begin at $360.00 for 161 miles and shall be increased by $2.00 for every mile over 161 miles for a maximum of $388.00 for 175 miles from the Airport.

(11) Rates for 176 to 190 miles from the Airport. Rates shall begin at $392.75 for 176 miles and shall be increased by $2.00 for every mile over 176 miles for a maximum of $420.75 for 190 miles from the Airport.

(12) Rates for 191 to 199 miles from the Airport. Rates shall begin at $425.50 for 191 miles and shall be increased by $2.00 for every mile over 191 miles for a maximum of $441.50 for 199 miles from the Airport.

(13) Rates for 200 miles and over from the Airport. Rates shall be calculated at $2.50 per mile. (Ord. No. 1796-08. Passed 3-23-09, eff. 3-25-09)

433.261     Rates of Fare Adjustment Due to Cost of GasolineThe Commissioner of Assessments and Licenses shall review the average price per gallon for regular unleaded gasoline prices listed by the Automobile Association of America's State-by-State Fuel Price Average for the Cleveland-Lorain-Elyria Metro Area on the first Monday of May and the first Monday of November of each calendar year and shall adjust the rates of fare as set forth in Section 443.26 of this chapter as follows:

(a) If the average price per gallon is equal to or greater than $3.00 per gallon on both the date of review and one month prior to the date of review, the Commissioner shall authorize an increase of $1.00 to the rates of fare set forth in Section 443.26 of this chapter. Such increase shall be published in the City Record and take effect 30 days thereafter. No further increases shall be authorized until all prior increases issued under this division have been repealed under division (b) of this section.

(b) If the average price per gallon is less than $3.00 per gallon on both the date of review and one month prior to the date of review, the Commissioner shall repeal any increase in effect and the rates of fare shall remain as set forth in Section 443.26 of this chapter until such rates may be subsequently increased under division (a) of this section. Any revocation issued under this division (b) shall be published in the City Record and become effective 30 days thereafter.

(c) Each change in the fare amount shall be applied to the meter. A representative of the Bureau of Weights and Measures will remove the current security seal affixed to each meter prior to the fare being changed on the meter. (Ord. No. 1796-08. Passed 3-23-09, eff. 3-25-09)

443.261     Drivers' Expenses Capped; Reporting—Expired

Note: Section 443.261 expired on December 31, 2003 and is no longer in effect.

443.27     Prepayment of FareEvery driver of a public hack shall have the right to demand payment of the legal fare in advance, and may refuse employment unless so prepaid, but no driver of a public hack shall, otherwise, refuse or neglect to convey any orderly person upon request, anywhere in the City, unless previously engaged. No driver of a licensed hack shall carry any person other than the passenger first employing a hack, without the express consent of such passenger. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.28     Disputed FaresAll disputes as to the lawful rate of fare shall be determined by the police officer nearest to where the dispute takes place. Failure to comply with such determination shall subject the offending party to a charge of disorderly conduct. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.281     Service to be Rendered on DemandIt shall be the duty of every driver of an unengaged taxicab, upon request, to transport any orderly person between any two points within the City. Should it be shown at any time to the satisfaction of the Commissioner that a driver has failed to comply with the requirements of this section, the Commissioner may, after hearing, revoke the license of such driver. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.282     Response to Service RequestsRequests for public hack service shall be responded to within a reasonable time. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.29     Cruising or SolicitingNo public hack, while soliciting employment, shall stand on any public street or place other than at or upon a public hack stand, designated or established in accordance with this chapter; nor shall any driver of such hack seek employment by repeatedly and persistently driving his hack to and fro in a short space before, or by otherwise interfering with the proper and orderly access to or egress from any theater, hall, hotel, public resort, railway or boat landings, or other place of public gatherings. No person shall solicit passengers for public hacks, except the driver of a public hack, when sitting upon the driver's seat of such vehicle, except that at special points designated by the Commissioner of Assessments and Licenses not more than two agents may be employed to solicit business on the street. No persons shall be permitted to ride in the front seat of a taxicab with the driver, unless the rear compartment is occupied, and any driver who shall permit this may be deprived of his license. All police officers and inspectors of licenses shall notify the Commissioner of any violation of this provision. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.30     Loitering Near Public Hack ProhibitedNo person shall loiter within a distance nearer than twenty feet of any public hack occupying space on a public hack stand.

The driver of any public hack shall remain on the driver's seat, or inside of his hack at all times when such hack is standing upon the public stands or when actually engaged in carrying passengers, provided that nothing in this section shall be held to prohibit such driver from alighting to the street for the purpose of assisting passengers into or out of such vehicle, or take care of the calls of nature while upon a public stand, limiting his absence from such stand to fifteen minutes, during which time his hack shall occupy a position at the rear end of such stand. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.31     Fraud in Obtaining LicenseNo person shall give fictitious information or practice any fraud, misrepresentation or subterfuge in order to secure any license provided for by this chapter. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.32     Unlicensed DriverNo person, firm or corporation operating public hacks shall employ as a driver on such public hacks any person other than a driver duly licensed under the provisions of this chapter. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.321     WaybillsNo company or driver shall:

(a) Fail to maintain, for a period of one year, a written record of each trip made by such company or driver, which record shall include the time and date such passenger is picked up, the destination, time of arrival at such destination, the amount of fare collected for each trip and such other information as may be required by the Director.

(b) Fail to deliver to the Commissioner of Assessments and Licenses any waybill demanded by him. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.33     ExceptionsNothing in this chapter shall apply to motor vehicles used exclusively for service at weddings, christenings or funerals. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.34     Violations by OwnersAny owner or driver of a vehicle, not licensed in accordance with the provisions of this chapter, or of a vehicle, the license of which has been suspended or revoked, who engages in the business of a public hack as defined herein or attempts to engage in such business, or solicits for hire passengers upon the streets shall be guilty of a violation of this section. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.35     Violations by DriversAny person, not having been duly licensed as a public hack driver, or any person whose license as such driver has been revoked or any person whose license has been suspended, and who, during the time of such suspension, drives for hire a public hack upon the streets, shall be guilty of a violation of this section. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

443.36     Suspension or Revocation of LicenseIn addition to any penalty imposed, any licensee shall be subject to the suspension or revocation of his license upon conviction for any violation of this chapter or upon conviction of any offense set forth in Section 443.131. The Commissioner of Assessments and Licenses may in his discretion and shall upon the recommendation of the Chief of Police suspend or revoke a license granted under any provision of this chapter, pending or in advance of the criminal prosecution of the licensee for any offense set forth in Section 443.131. In case of the refusal to issue a license or the revocation of a license by the Commissioner the applicant or licensee may appeal from such order in the manner provided by Section 403.09. (Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)

443.37     Taxicab Passenger Bill of Rights

(a) No owner or driver shall operate or permit to be operated his or her taxicab unless a Taxicab Passenger Bill of Rights is securely affixed to the back of the front passenger seat of every taxicab in operation. The Taxicab Passenger Bill of Rights shall be in a form provided by the Commissioner, which form shall state that all taxicab passengers have a right to:

(1) a safe ride anywhere in the Greater Cleveland metropolitan area;

(2) direct the driver on the route to be taken;

(3) an effective complaints process;

(4) a free ride if the taximeter is not in a recording position, unless the taxicab is being hired at the request of the passenger on an hourly rate basis;

(5) reduce the tip if the services referred to in this section are not provided;

(6) a quality taxicab which:

(i) is in good mechanical and physical condition;

(ii) has a clean passenger area and trunk;

(iii) is heated or air-conditioned on demand;

(iv) has easy access to seatbelts;

(v) is a smoke-free environment;

(7) a professional driver who:

(i) is licensed and knowledgeable;

(ii) knows the major routes and destinations in the City of Cleveland and the surrounding metropolitan area;

(iii) speaks and understands English;

(iv) is courteous and provides assistance;

(v) provides a safe ride;

(vi) knows and obeys all traffic laws; and

(vii) offers a silent ride if desired.

(b) The Taxicab Passenger Bill of Rights shall also state that drivers may not recommend hotel accommodations or restaurants unless requested by the passenger.

(c) The Taxicab Passenger Bill of Rights shall display in plain view of every passenger the phone number for registering complaints.

(d) A driver or owner who fails to display a Taxicab Passenger Bill of Rights as set forth in this section shall be fined $100.00 for each such failure to display said Taxicab Passenger Bill of Rights. (Ord. No. 1820-06. Passed 12-11-06, eff. 12-14-06)

443.38     Fines for Violating Rules and Regulations(a) The Commissioner of Assessments and Licenses shall assess fines to taxicab drivers and taxicab companies for violations of the Rules and Regulations governing their conduct as published in the City Record.

(b) The authority to assess finos under this section does not limit or affect any criminal offense, or the authority of the Commissioner to suspend or revoke a license under Section 443.36, or any other means of enforcement of this chapter provided for in these Codified Ordinances. (Ord. No. 1820-06. Passed 12-11-06, eff. 12-14-06)

PART FOUR — TRAFFIC CODETitle V — Vehicles

Chapter 445 — Sight-Seeing CarsComplete to June 30, 2010

CROSS REFERENCES

Sight-seeing car defined, CO 401.55

Appeal from license denial, suspension or revocation, CO 403.09

445.01     License RequiredNo sight-seeing car shall operate for hire or reward upon the streets of the City without obtaining a license from the Commissioner of Assessments and Licenses. Such license shall be issued for the calendar year and shall expire on December 31 of each year, unless sooner suspended or revoked by the Commissioner.

Application for a license for sight-seeing cars shall be made by the owner upon blank forms furnished by the Commissioner, and shall contain the full name and address of the owner, the type of vehicle for which a license is desired, the number of persons it is capable of carrying, and the motor power thereof, together with a certificate of liability insurance required under the provisions of Section 445.03. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

445.02     InspectionNo vehicle shall be licensed until the same has been thoroughly and carefully inspected, examined and found to be in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted or varnished. Such inspection shall be made by the Commissioner of Assessments and Licenses or through his inspectors before issuing such license, and he may make such additional inspections as in his judgment are necessary. The Commissioner shall refuse a license to, or revoke or suspend the license of any vehicle found by him to be unfit or unsuited for public patronage. The Commissioner is hereby authorized and empowered to establish reasonable rules and regulations for the inspection and operation of sight-seeing cars, their appurtenances, construction and conditional fitness. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

445.03     Liability InsuranceNo person shall operate a sight-seeing car or other vehicle as defined in this chapter or permit such to be operated; nor shall any license be issued hereunder until and unless the applicant for a license hereunder deposits with the Commissioner of Assessments and Licenses a policy or certificate of liability insurance for each sight-seeing car for which a license is sought, acceptable and approved by the Director of Law, indemnifying the applicant in the sum of at least ten thousand dollars ($10,000) for injury to one person and twenty thousand dollars ($20,000) for more than one person, and five thousand dollars ($5,000) property damage in any one accident, through the operation of the sight-seeing car of the applicant. The policy shall further contain a clause obligating the surety company to give ten days' written notice before cancellation of the policy to the Commissioner, the license to expire upon the lapse or termination of the policy of insurance. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

445.04     License CardAny sight-seeing car which has been found upon inspection to be of lawful construction and proper condition in accordance with this chapter and rules and regulations established thereunder and upon the

payment of the license fees hereinafter set forth shall be licensed by delivering to the owner a card of such size and form as may be prescribed by the Commissioner of Assessments and licenses. The card shall contain an official license number together with date of inspection of such vehicle and the statement that in case of any complaints the Commissioner shall be notified. Such card shall be signed by the Commissioner and contain blank spaces upon which entry shall be made of the date of every inspection. The number of such card shall correspond with the license number of such vehicle, and shall be displayed conspicuously in the sight-seeing car as prescribed by the Commissioner. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

445.05     Fees for Sight-Seeing CarsThe following license fee shall be paid in advance for each vehicle license:

VehicleCapacity Fee

12 or less$100.0013 to 20 150.00over 20 200.00Any licensee upon payment of any of the above fees, shall be entitled to operate as sight-seeing cars during such year additional vehicles for which hack or motor bus licenses have been issued and are in effect or which are otherwise licensed for the transportation of persons for hire in the City of Cleveland, upon payment of an additional annual fee of five dollars ($5.00) for each such vehicle; provided the Director of Law is satisfied that the public liability insurance on such vehicle covers or is made to include the operation thereof for sight-seeing purposes.

Upon a finding by the Commissioner of Assessments and Licenses that an extraordinary demand upon any special occasion requires the use of more sight-seeing vehicles by any person, firm or corporation to whom there has been issued one or more sight-seeing licenses for the calendar year, he may issue special permits for not to exceed twenty-four hours upon the payment of a fee of one dollar ($1.00) each for the use of vehicles which are duly licensed for the transportation of persons for hire and which carry public liability insurance satisfactory to the Director of Law. No transfer of a license shall be permitted except with the consent of the Commissioner, which consent shall be endorsed on the original license. The Commissioner shall permit a transfer only when it appears that one of the cars owned and operated by the licensee is retired, destroyed, demolished or otherwise rendered unfit for service. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

445.06     Driver's LicenseEvery person driving a sight-seeing car shall be licensed as a motor bus operator and each applicant for such license must:

(a) Be eighteen years of age or over.

(b) Be of sound physique, good eyesight and not subject to epilepsy, heart trouble, vertigo or any infirmity of body or mind which might render him unfit for the safe operation of a sight-seeing car.

(c) Be able to read and write the English language.

(d) Be clean in dress and person and not addicted to use of intoxicating liquors or drugs.

(e) Produce on forms furnished by the Commissioner of Assessments and Licenses the names of two character references of persons not related to the applicant and such other information as the Commissioner may require. The form shall be signed and sworn to by the applicant and filed with the Commissioner as a permanent record. The Commissioner is hereby authorized and empowered to establish such additional rules and regulations covering the issuance of an operator's license not inconsistent herewith as may be reasonable and necessary. (Ord. No. 687-85. Passed 4-15-85, eff. 4-17-85)

445.07     Fees for Driver's LicenseA fee of ten dollars ($10.00) each shall be paid annually in advance for a motor bus operator's license or renewal. (Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

445.08     Regulation of Sight-Seeing Cars(a) The use of sight-seeing cars shall be limited to sight-seeing purposes. The transportation for sight-seeing purposes afforded thereby shall not be subject to the direction or control of passengers. Sight-seeing cars shall not be used to carry passengers or property for hire to or from any railroad station, airport, steamboat landing or dock, except as incident to sight-seeing trips, nor shall they be used in any manner which will compete with transportation services rendered or designed to be rendered by public hacks, motor buses, or other agencies of mass or public transportation.

(b) A schedule of rates charged for a trip by a sight-seeing car, the route traversed, the time consumed and the time of departure shall be prominently displayed at the starting point of the sight-seeing car and upon a sign attached to the front of the sight-seeing car before the trip starts. The sign may also be displayed on the sidewalk in such manner as the Director of Public Service determines. The sign shall display the prices of the trip in letters or figures at least four inches in height. A charge or an attempt to charge any passenger a sum greater than set forth in such schedule shall be deemed a violation of this section. A sight-seeing car, after leaving its starting point, shall not receive additional passengers between such place of starting and its ultimate destination point. The routes over which sight-seeing cars may be operated shall be subject to the approval of the Commissioner of Assessments and Licenses.

(c) Only sight-seeing cars in such numbers as provided herein shall remain while awaiting employment, at the stand provided, and only in single file headed in accordance with the traffic regulations, and shall take their turns in rotation thereon as their license numbers indicate. At no time shall there be more than two cars of any one owner upon such stands regardless of whether it is a firm, person or corporation owned fully or in part or controlled or under the direction of any other person, firm or corporation. The Commissioner of Traffic Engineering and Parking shall determine the number and location of the public stands, and shall establish such further regulations not inconsistent with the provisions of this chapter as he deems necessary. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

445.09     Specially Chartered Sight-Seeing CarsThe owner of a sight-seeing car licensed as provided in this chapter may load or unload a group of passengers at such a point or points in the City as may have been agreed upon in advance by the person, firm or corporation chartering such sight-seeing car for any special or regular sight-seeing tour subject to the approval of the Commissioner of Assessments and Licenses. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

445.10     License Suspension or Revocation; AppealIn addition to any penalty imposed and authorized by any section of this chapter, any licensee shall be subject to the suspension or revocation of his license upon conviction for any violation. The Commissioner of Assessments and Licenses may in his discretion, suspend or revoke a license granted under any provision of this chapter, provided such licensee shall have the right to appeal in the manner provided in Section 403.09. (Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

PART FOUR — TRAFFIC CODETitle V — VehiclesChapter 447 — Carriages

Complete to June 30, 2010

447.01     Definitions(a) "Carriage" means a horse-drawn or manually-or mechanically-driven vehicle the owner or operator of which secures or accepts passengers for hire on public streets or in public or quasi-public places, including but not limited to horse-drawn carriages and pedal-propelled carriages.

(b) "Carriage Operator" means the person in actual physical control of a carriage.

"Carriage Operator's Assistant" means the person required by division (b) of Section 447.08 to assist the Carriage Operator with those duties which are ancillary to the operation of the carriage.

(c) "Commissioner" means the Commissioner of Assessments and Licenses or his designee.

(d) "Carriage Business" means the business of transporting persons for hire by carriage.

(e) "Police Traffic Commissioner" means the Commissioner of Traffic Control of the Division of Police. (Ord. No. 437-01. Passed 6-19-01, eff. 6-27-01)

447.02     Licenses Required(a) No person shall operate any carriage upon the public rights of way of the City without a carriage license and a carriage operator's license, each issued pursuant to Section 447.07.

(b) No person shall operate a carriage business in the City without a carriage business license issued pursuant to Section 447.07. (Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)

447.03     License Applications(a) The application for a carriage business license shall be made to the Commissioner on forms to be prescribed by the Commissioner, and shall contain the following information:

(1) The name and business address of the applicant, and if a corporation or partnership, the name and address of any person owning directly or indirectly five percent (5%) or more of the ownership interest in said business;

(2) The number of carriages to be operated by the carriage business;

(3) A schedule of rates and charges to be made to passengers;

(4) A statement signed by the applicant that the applicant will operate the carriage business strictly in accordance with the provisions of this chapter and other applicable provisions of these Codified Ordinances;

(5) The route map and operations schedule described in Section 447.06;

(6) Such other information as the Commissioner may require.

No carriage business license shall be issued to an owner of a carriage business if the applicant has been convicted of a felony, or of a violation of any law involving theft or any form of stealing, or of any crime involving moral turpitude that is reasonably related to the business license referred to herein, unless such conviction occurred more than five (5) years prior to the application date. No carriage business license shall be issued to an owner of a carriage business who makes a false statement in connection with an application for a business license. No carriage business license shall be issued to a business which will transport persons for hire in horse-drawn carriages until an officer of the Cleveland Police Mounted Unit has inspected every horse that will pull such carriages and has determined that each horse complies with the requirements of division (n) of Section 447.08. After a carriage business license has been issued to a business which transports persons for hire in horse-drawn carriages and a new horse is acquired for such purpose, the licensee shall have the new horse inspected by an officer of the Cleveland Police Mounted Unit to determine that the horse complies with the requirements of division (n) of Section 447.08 prior to using the horse in the business.

(b) The application for a carriage license shall be made to the Commissioner on forms to be prescribed by the Commissioner, and shall contain the following information:

(1) The name and address of the carriage's owner;

(2) The number of persons the carriage is capable of carrying; and

(3) Such other information as the Commissioner may require.

(c) No carriage other than a horse-drawn carriage shall be licensed until the Commissioner has inspected the carriage and no horse-drawn carriage shall be licensed until an officer of the Cleveland Police Mounted Unit has inspected the carriage. Any such inspection shall determine that, consistent with the standards set forth herein, the carriage is clean, sightly, and in such condition as to be completely safe for the transporting of passengers. Only those carriages which contain the following equipment may be licensed:

(1) On the rear of the carriage, brakes, brakelights, taillights, and turn signals;

(2) On each side of the front of the carriage, lights that emit light to the front and to the side, and that are visible from a distance of five hundred (500) feet; and

(3) Attached to the rear of the vehicle, a "slow-moving vehicle" sign approved by the State of Ohio.

(d) The application for a carriage operator's license shall be made to the Commissioner on forms to be prescribed by the Commissioner, and shall contain the following:

(1) A statement signed by the applicant that the applicant is:

A. licensed by the State of Ohio to operate a motor vehicle;

B. at least eighteen (18) years of age;

C. able to speak, read, and write English:

D. free of hearing, vision, and other problems that would render the applicant unable to safely operate a horse-drawn vehicle; and

E. free of drugs and alcohol addiction.

(2) The type or types of carriage the applicant will be driving.

(3) Written evidence, satisfactory to the Commissioner, of experience in driving the type or types of carriage specified in division (d)(2) of this section or of successful completion of a course in such driving, or both.

(4) Two (2) front face photographs of the applicant taken within thirty (30) days of the date of the application. The photographs shall be two inches (2″) by two inches (2″) in size.

(5) A list of all criminal or city ordinances violated, convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations, within the last five (5) years.

(e) Each applicant for a carriage operator's license shall be examined by a person designated by the Commissioner as to the applicant's knowledge of the City Traffic Code and geography of the City. If the result of the examination is unsatisfactory, the applicant shall be refused a license.

(f) No carriage operator's license shall be issued if the applicant has been convicted of any of the following offenses:

(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle.

(2) Driving a motor vehicle while under the influence of intoxicating liquors or drugs, unless such conviction occurred more than five years prior to the application date.

(3) Failure to stop and render aid as required by the laws of this state, or leaving the scene of an accident contrary to the laws of this state, unless such conviction occurred more than five (5) years prior to the application date.

(4) Conviction of a felony, or of the violation of any law involving violence, theft or any form of stealing, or of any crime involving moral turpitude that is reasonably related to the license referred to herein, unless such conviction occurred more than five (5) years prior to the application date.

(5) Conviction, or forfeiture of bail, not vacated, upon three charges of a violation of the motor vehicle laws of this state within a period of twelve months.

(6) Repeated violations of the City ordinances which affect the safety of human life or limb on the streets of the City.

(g) No carriage operator's license shall be issued to an applicant who makes a false statement in connection with an application for a carriage operator's license. (Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)

447.04     Fees

The following license fees shall be paid to the Commissioner when the applications to which they apply are submitted:

(a)Carriage business license(1)Initial license fee $150.00(2)Annual renewal fee $150.00

(b)Carriage license(1)Initial license fee per vehicle $ 70.00(2)Annual renewal fee per vehicle$ 70.00

(c)Carriage operator's license(1)Initial license fee $ 10.00(2)Annual renewal fee $ 10.00

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

447.05     Insurance(a) No person shall operate a carriage business or a carriage, nor shall any carriage business or carriage license be issued until the applicant deposits with the Commissioner a policy or certificate of liability insurance for each carriage for which a license is sought, acceptable to and approved by the Commissioner and the Director of Law, insuring the applicant against property damage and personal injury liability in the following amounts: not less than $500,000.00 for injuries, including accidental death, to any one person, not less than $1,000,000.00 on account of one occurrence involving injury to more than one person, and $500,000.00 for property damage. The policy shall further contain a clause obligating the insurance company to give ten (10) days' written notice to the Commissioner before modification or cancellation of the policy, with the license to expire upon the lapse or termination of the policy of insurance.

(b) The policy of insurance required by this section shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon. If at any time in the judgment of the Commissioner the policy is not sufficient for any cause, the Commissioner may require the policy to be replaced with another approved by the Commissioner and the Director of Law. (Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)

447.06     Route Map and Operations Schedule(a) A carriage business shall operate only upon routes and pursuant to schedules which have been submitted to and approved by the Commissioner of Traffic Engineering and the Police Traffic Commissioner. An ordinance of Council consenting to the location where the carriage business will be operating shall also be required.

(b) The route map and operations schedule shall be filed with the application for a carriage business license and shall contain the following:

(1) A map of the tour routes on which the business' carriages will operate;

(2) The location of any curbside areas to be designated as zones for pickup and discharge of passengers; and

(3) With respect to horse-drawn carriages, the location of the site or sites to be used for off-street storage, stabling, and loading of carriages and horses.

(c) The Commissioner of Traffic Engineering and the Police Traffic Commissioner may reject any route map and operations schedule, the implementation of which would result in the unsafe use of public rights of way or an unreasonable impediment to the orderly flow of traffic.

(d) The licensee may file with the Commissioner additional routes from time to time, provided that they have first been submitted to and approved by the Commissioner of Traffic Engineering and the Police Traffic Commissioner.

(e) Nothing in this section shall be construed to prohibit a licensee from operating on special routes for special events, including without limitation weddings, dinner-and-theater packages, concerts and other performances, provided that such routes have first been submitted to and approved by the Commissioner of Traffic Engineering and the Police Traffic Commissioner. (Ord. No. 1653-93. Passed 8-11-93, eff. 8-19-93)

447.07     License Issuance and Renewal(a) It is hereby determined that in order to prevent disruption of the use of public rights of way within the Downtown Area by motor vehicles and pedestrians, the number of carriage licenses shall at no time exceed twenty (20), and no carriage business shall operate more than eight (8) carriages. The carriage licenses shall be issued by the Commissioner on a first-come-first-serve basis.

(b) Upon receipt of the application required by division (a) of Section 447.03, the fee required by division (a) of Section 447.04, and the insurance policy required by Section 447.05, the Commissioner shall issue a carriage business license which, unless sooner revoked or suspended pursuant to Section 447.10, shall be valid for the period of one (1) year, commencing upon April 1 and ending upon March 31. The Commissioner shall issue to the licensee a number of copies of the carriage business license equal to that number of carriages for which the owner of the carriage business obtains licenses pursuant to division (c) of this section.

(c) Subject to the provisions of division (a) of this section, upon receipt of the application required by division (b) of Section 447.03 and the fee required by division (b) of Section 447,04, and upon a satisfactory conclusion to the inspection required by division (c) of Section 447.03, the Commissioner shall issue a carriage license which, unless sooner revoked or suspended pursuant to Section 447.10, shall be valid for the period of one (1) year, commencing April 1 and ending upon March 31.

(d) Upon receipt of the application required by division (d) of Section 447.03 and the fee required by division (c) of Section 447.04, the Commissioner shall issue a carriage operator's license which shall contain the photograph of the applicant and which, unless sooner revoked or suspended pursuant to Section 447.10, shall be valid for the period of one (1) year, commencing upon April 1 and ending upon March 31.

(e) Licenses issued pursuant to this chapter are not transferrable, but each license may be renewed from year to year upon filing of a renewal application and payment of the renewal fee specified in Section 447.04, provided that the Commissioner determines that the business, carriage, or operator, as the case may be, continues to meet the requirements for initial issuance contained in Section 447.03. Notwithstanding the provisions of the preceding sentence, division (a) of this section shall apply to renewals. (Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)

447.08     Regulations Governing Carriages and Carriage Businesses

(a) No carriage may operate in or upon the public rights of way of the City without displaying its carriage license and its carriage business license.

(b) No carriage operator may operate a carriage without having the carriage operator's license issued pursuant to division (d) of Section 447.07 upon his or her person. When passengers are being picked up or discharged by a horse-drawn carriage, a carriage operator's assistant shall assist the carriage operator so that the carriage operator may devote his or her attention entirely to operating the carriage and keeping the horse and carriage under secure control.

(c) Every carriage business shall provide each of its horse-drawn vehicles with rate cards which set forth the rates and charges filed with the Commissioner pursuant to division (a) (3) of Section 447.03. Rate cards shall be prominently displayed within each carriage, and each carriage operator shall acquaint all prospective passengers with current rates and charges prior to taking on said passengers. Rates shall not be changed without ten (10) days prior written notice to the Commissioner.

(d) No carriage operator or carriage operator's assistant shall solicit passengers in a loud voice or in such a manner as to annoy or obstruct the movement of any person; nor shall any carriage operator pursue any person for purposes of soliciting patronage.

(e) No carriage operator or carriage operator's assistant shall smoke while operating a carriage that is carrying passengers.

(f) No carriage operator shall permit the occupancy of the carriage which he or she is operating to exceed the rated seating capacity of that carriage.

(g) Each carriage operator shall ensure that all of his or her passengers are seated inside the carriage when the carriage is in motion.

(h) Carriages shall be operated as near to the right side of the roadway as practicable, shall obey all traffic laws, rules, and regulations applicable to motor vehicles, and shall exercise due care when passing a standing vehicle or a vehicle which is proceeding in the same direction.

(i) Horse-drawn carriages shall pick up and discharge passengers only while legally parked at the curb in zones established by the Director of Public Safety after consultation with the Commissioner of Traffic Engineering. All other carriages may pick up and discharge passengers anywhere along their approved routes, provided that they are legally parked at the curb when doing so.

(j) No person shall operate a carriage on the streets of the City except during the hours of 10:00 a.m. to 4:00 p.m., Mondays through Fridays, 6:00 p.m. to midnight, Mondays through Fridays, and 8:00 a.m. to midnight on Saturdays, Sundays, and legal holidays.

(k) No person shall operate a carriage on any street of the City which has been closed pursuant to lawful authority, including closings pursuant to Sections 133.03, 403.05, or 411.05 of these Codified Ordinances. Upon notification of the Police Traffic Commissioner that special circumstances cause a particular street or a particular area to be unsafe or too congested for the operation of carriages during a specified time period, no person shall operate a carriage upon such street or in such area during such time period.

(l) No person shall carry passengers in a carriage into or out of the Flats on the west side of the Cuyahoga River. No person shall carry passengers in a carriage into or out of the Flats on the east side of the Cuyahoga River, except on Front Street.

(m) All horse-drawn carriage business owners and horse-drawn carriage operators shall maintain their horses in accordance with the following standards of animal husbandry:

(1) No person shall operate a horse-drawn carriage when the temperature, as reported by the National Weather Service, exceeds 85 degrees.

(2) No person shall work any one horse more than six (6) hours per day.

(3) Every horse-drawn carriage owner shall properly fit or cause to be fitted each of his or her horses with rubber shoes.

(4) Every horse-drawn carriage business owner and every horse-drawn carriage operator shall ensure that his or her horses are properly watered and given a ten (10) minute rest period for every hour of use, are in good health and at a proper body weight, are not more than fifteen (15) years old, and are properly fitted with harness and tack.

(5) Every horse-drawn carriage business owner shall ensure that emergency veterinary treatment is available for his or her horse.

(6) No horse-drawn carriage business owner or carriage operator shall permit more than four (4) passengers in a horse-drawn carriage at any time.

(n) Every six (6) months, commencing with the date of the application submitted pursuant to division (b) of Section 447.03, a carriage license holder shall submit to the Police Traffic Commissioner a medical certificate for each horse used by the carriage license holder in the operation of horse-drawn carriages. The medical certificate shall be signed by a registered veterinarian and shall indicate that the horse is medically fit, in good health both physically and by temperament, sufficient to pull a horse-drawn carriage, and has received all those inoculations which are determined to be usual and customary according to generally-accepted principles of animal husbandry.

(o) Every horse-drawn carriage owner shall ensure that, whenever his or her horses are upon the public rights-of-way, each of them is fitted with a device which prevents the horse's feces from dropping to the ground. (Ord. No. 944-01. Passed 5-21-01, eff. 5-31-01)

447.09     Impounding of Horses(a) Whenever a horse-drawn carriage is impounded pursuant to Section 405.02, officers of the Cleveland Police Mounted Unit are authorized to provide for the removal of the horse to the Mounted Unit's stables and to care for such horse until such time as the person who is entitled to possession of the carriage has secured its release in accordance with the Traffic Code.

(b) The following fees shall be assessed against the owner or other person claiming an impounded horse:

Impounding$60.00

Storage and Care$15.00per day orpart thereof (Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)

447.10     Suspension and Revocation of License; Appeal(a) The Commissioner may at any time suspend or revoke any license granted under authority of this chapter for failure to comply with the provisions of this chapter or with any other applicable laws or regulations of the City or the State of Ohio.

(b) Whenever the Commissioner refuses to issue or revokes or suspends a license, the applicant or licensee shall have the right to appeal in the manner provided in Section 403.09. (Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)

447.99     PenaltiesAny person who violates any provision of this chapter for which a penalty is not already provided in another section of this Traffic Code is guilty of a minor degree misdemeanor and shall be fined not more than one hundred dollars ($100.00). In addition to any other method of enforcement provided for in this chapter, any violation of the provisions of this chapter which is a minor misdemeanor may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. (Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)