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Barberton Overview
Barberton, OH Code of Ordinances
BARBERTON, OHIO CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF BARBERTON, OHIO
PART TWO: ADMINISTRATION CODE
PART THREE: TRAFFIC CODE
TITLE ONE: ADMINISTRATION
TITLE FOUR: STREETS AND TRAFFIC-CONTROL DEVICES
TITLE FIVE: VEHICLES
CHAPTER 331: OPERATION GENERALLY
CHAPTER 333: O.V.I.; RECKLESS OPERATION; SPEED
CHAPTER 335: LICENSING; ACCIDENTS
CHAPTER 337: SAFETY AND EQUIPMENT
§ 337.01 DRIVING UNSAFE VEHICLES; APPLICATION.
§ 337.015 BUMPERS.
§ 337.02 LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS.
§ 337.03 HEADLIGHTS ON MOTOR VEHICLES AND MOTORCYCLES.
§ 337.04 TAIL LIGHT; ILLUMINATION OF REAR LICENSE PLATE.
§ 337.05 REAR RED REFLECTORS.
§ 337.06 SAFETY LIGHTING ON COMMERCIAL VEHICLES.
§ 337.07 OBSCURED LIGHTS ON VEHICLES IN COMBINATION.
§ 337.08 RED LIGHT OR RED FLAG ON EXTENDED LOADS.
§ 337.09 LIGHTS ON PARKED OR STOPPED VEHICLES.
§ 337.10 LIGHTS, EMBLEMS, AND REFLECTORS ON SLOW-MOVING VEHICLES, FARM MACHINERY, AGRICULTURAL TRACTORS, AND ANIMAL-DRAWN VEHICLES.
§ 337.11 SPOTLIGHT AND AUXILIARY LIGHTS.
§ 337.12 COWL, FENDER AND BACK-UP LIGHTS.
§ 337.13 DISPLAY OF LIGHTED LIGHTS.
§ 337.14 USE OF HEADLIGHT BEAMS.
§ 337.15 LIGHTS OF LESS INTENSITY ON SLOW-MOVING VEHICLES.
§ 337.16 NUMBER OF LIGHTS; LIMITATIONS ON FLASHING, OSCILLATING OR ROTATING LIGHTS.
§ 337.165 LIGHTS AND SOUND-PRODUCING DEVICES ON CORONERS’ VEHICLES.
§ 337.17 FOCUS AND AIM OF HEADLIGHTS.
§ 337.18 MOTOR VEHICLE AND MOTORCYCLE BRAKES.
§ 337.19 HORN, SIREN AND THEFT ALARM SIGNAL.
§ 337.20 MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE.
§ 337.21 REAR-VIEW MIRROR; CLEAR VIEW TO FRONT, BOTH SIDES AND REAR.
§ 337.22 WINDSHIELD REQUIRED; SIGN OR POSTER UPON WINDSHIELD; WINDSHIELD WIPER.
§ 337.225 TINTED GLASS; MATERIALS ON GLASS.
§ 337.23 LIMITED LOAD EXTENSION ON LEFT SIDE OF PASSENGER VEHICLE.
§ 337.24 MOTOR VEHICLE STOP LIGHTS.
§ 337.25 AIR CLEANER REQUIRED.
§ 337.26 SNOW REMOVAL EQUIPMENT AND LIGHTS.
§ 337.27 VEHICLES TRANSPORTING PRESCHOOL CHILDREN.
§ 337.28 USE OF CHILD RESTRAINTS.
§ 337.29 IGNITION INTERLOCK DEVICES. (REPEALED)
§ 337.30 AIR BAGS.
§ 337.99 PENALTY.
CHAPTER 339: COMMERCIAL AND HEAVY VEHICLES
CHAPTER 341: DRIVERS OF COMMERCIAL VEHICLES
CHAPTER 343: OFFENSES RELATING TO THEFT AND FRAUD
TITLE SEVEN: PARKING
TITLE NINE: PEDESTRIANS, BICYCLES AND MOTORCYCLES
PART SIX: GENERAL OFFENSES CODE
PART EIGHT: BUSINESS REGULATION AND TAXATION CODE
PART TEN: STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE: PLANNING AND ZONING CODE
PART FOURTEEN: BUILDING AND HOUSING CODE
PART SIXTEEN: FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Barberton Development Code
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§ 337.23 LIMITED LOAD EXTENSION ON LEFT SIDE OF PASSENGER VEHICLE.
   (A)   No passenger-type vehicle shall be operated on a highway with any load carried on the vehicle which extends more than six inches beyond the line of the fenders on the vehicle’s left side.
(ORC 4513.30)
   (B)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.99)
§ 337.24 MOTOR VEHICLE STOP LIGHTS.
   (A)   (1)   Every motor vehicle, trailer, semitrailer 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 1-1-1967, 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 rearmost vehicle need be visible from the distance specified.
      (2)   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.
      (3)   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 Ohio R.C. 4513.19.
      (4)   Historical motor vehicles as defined in Ohio R.C. 4503.181, not originally manufactured with stop lights, are not subject to this section.
   (B)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.071)
§ 337.25 AIR CLEANER REQUIRED.
   No person shall operate upon any street, alley or other public place any motor vehicle which is not equipped with a functioning air cleaner, except for motor vehicles equipped with electronic fuel-injection engines.
§ 337.26 SNOW REMOVAL EQUIPMENT AND LIGHTS.
   (A)   It is unlawful to operate snow removal equipment on a highway unless the lights thereon comply with and are lighted when and as required by the standards and specifications adopted by the Director of Transportation pursuant to Ohio R.C. 4513.18.
(ORC 4513.18)
   (B)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(ORC 4513.99)
(Ord. 261-1957, passed 12-2-1957)
§ 337.27 VEHICLES TRANSPORTING PRESCHOOL CHILDREN.
   (A)   No person shall operate any motor vehicle owned, leased or hired by a nursery school, kindergarten or child care center, while transporting preschool children to or from such an institution, unless the motor vehicle is equipped with and displaying two amber flashing lights mounted on a bar attached to the top of the vehicle, and a sign bearing the designation "caution — children," which shall be attached to the bar carrying the amber flashing lights in such a manner as to be legible to persons both in front of and behind the vehicle. The lights and sign shall meet standards and specifications adopted by the Ohio Director of Public Safety.
   (B)   No person shall operate a motor vehicle displaying the lights and sign required by this section for any purpose other than the transportation of preschool children as provided in this section.
(ORC 4513.182)
   (C)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.99)
§ 337.28 USE OF CHILD RESTRAINTS.
   (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 Ohio R.C. 4511.01, that 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; and
      (2)   A child who weighs less than 40 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 owned, leased or otherwise under the control of a nursery school or child 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; and
      (2)   A child who weighs less than 40 pounds.
   (C)   When any child who is less than eight years of age and less than four feet nine inches in height, who is not required by divisions (A) or (B) above to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio R.C. 4511.01 or a vehicle that is regulated under Ohio R.C. 5104.015, that 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 on a booster seat that meets federal motor vehicle safety standards.
   (D)   When any child who is at least eight years of age, but not older than 15 years of age, and who is not otherwise required by divisions (A), (B) or (C) above to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio R.C. 4511.01, that 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 restrained either in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in Ohio R.C. 4513.263.
   (E)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of divisions (C) or (D) above has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for a violation of divisions (C) or (D) above or causing the arrest of or commencing a prosecution of a person for a violation of divisions (C) or (D) above, and absent another violation of law, a law enforcement officer’s view of the interior or visual inspection of a motor vehicle being operated on any street or highway may not be used for the purpose of determining whether a violation of divisions (C) or (D) above has been or is being committed.
   (F)   The Director of Public Safety shall adopt such rules as are necessary to carry out this section.
   (G)   The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat or in an occupant restraining device, as required in 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.
   (H)   This section does not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child who otherwise would be required to be restrained under this section. This section does not apply to a person operating a motor vehicle who has an affidavit signed by a physician licensed to practice in this state under Ohio R.C. Ch. 4731 or a chiropractor licensed to practice in this state under Ohio R.C. Ch. 4734 that states that the child who otherwise would be required to be restrained under this section has a physical impairment that makes use of a child restraint system, booster seat or an occupant restraining device impossible or impractical; provided that, the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendations of the physician or chiropractor as noted on the affidavit.
   (I)   Nothing in this section shall be construed to require any person to carry with the person the birth certificate of a child to prove the age of the child, but the production of a valid birth certificate for a child showing that the child was not of an age to which this section applies is a defense against any ticket, citation or summons issued for violating this section.
   (J)   (1)   Whoever violates divisions (A), (B), (C) or (D) above shall be punished as follows; provided that, the failure of an operator of a motor vehicle to secure more than one child in a child restraint system, booster seat or occupant restraining device as required by this section that occurred at the same time, on the same day and at the same location is deemed to be a single violation of this section:
         (a)   Except as otherwise provided in division (J)(1)(b) above, the offender is guilty of a minor misdemeanor and shall be fined not less than $25, nor more than $75.
         (b)   If the offender previously has been convicted of or pleaded guilty to a violation of divisions (A), (B), (C) or (D) above or of a state law or municipal ordinance that is substantially equivalent any of those divisions, the offender is guilty of a misdemeanor of the fourth degree.
      (2)   All fines imposed pursuant to division (J)(1) above shall be forwarded to the State Treasurer for deposit in the Child Highway Safety Fund created by Ohio R.C. 4511.81(I).
(ORC 4511.81(A) - (H), (K), (L))
§ 337.29 IGNITION INTERLOCK DEVICES. (REPEALED)
Editor’s note:
   Section 337.29 was repealed as part of the 2003 updating and revision of this code of ordinances because substantially equivalent state law (Ohio R.C. 4511.83(A), (B), (E) was repealed by the Ohio General Assembly.)
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