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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
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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§ 339.03 MAXIMUM WIDTH, HEIGHT AND LENGTH.
   (A)   No vehicle shall be operated upon the public highways, streets, bridges and culverts within the municipality whose dimensions exceed those specified in this section.
   (B)   No such vehicle shall have a width in excess of:
      (1)   104 inches for passenger bus type vehicles operated exclusively within the municipality;
      (2)   102 inches, excluding such safety devices as are required by law, for passenger bus type vehicles operated over freeways, and other state roads with minimum pavement widths of 22 feet, except those roads or portions of roads over which operation of 102-inch buses is prohibited by order of the Director of Transportation;
      (3)   132 inches for traction engines;
      (4)   102 inches for recreational vehicles, excluding safety devices and retracted awnings and other appurtenances of six inches or less in width and except that the Director may prohibit the operation of 102-inch recreational vehicles on designated State highways or portions of highways; and
      (5)   102 inches, including load, for all other vehicles; except that, the Director may prohibit the operation of 102-inch vehicles on the state highways or portions of state highways as the Director designates.
   (C)   No such vehicle shall have a length in excess of:
      (1)   66 feet for passenger bus type vehicles and articulated passenger bus type vehicles operated by a regional transit authority pursuant to Ohio R.C. 306.30 to 306.54;
      (2)   45 feet for all other passenger bus type vehicles;
      (3)   53 feet for any semitrailer when operated in a commercial tractor-semitrailer combination, with or without load, except that the Director may prohibit the operation of any such commercial tractor-semitrailer combination on such state highways or portions of state highways as the Director designates;
      (4)   28.5 feet for any semitrailer or trailer when operated in a commercial tractor-semitrailer-trailer or commercial tractor-semitrailer-semitrailer combination, except that the Director may prohibit the operation of any such commercial tractor-semitrailer-trailer or commercial tractor-semitrailer-semitrailer combination on such state highways or portions of state highways as the Director designates; and
      (5)   (a)   97 feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations when operated on any interstate, United States route, or State route, including reasonable access travel on all other roadways for a distance not to exceed one road mile from any interstate, United States route, or state route, not to exceed three saddlemounted vehicles, but which may include one fullmount;
         (b)   75 feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations when operated on any roadway not designated as an interstate, United States route or state route, not to exceed three saddlemounted vehicles, but which may include one fullmount.
      (6)   65 feet for any other combination of vehicles coupled together, with or without load, except as provided in divisions (C)(3) and (C)(4) above, and in division (E) below.
      (7)   45 feet for recreational vehicles.
      (8)   50 feet for all other vehicles, except trailers and semitrailers, with or without load.
   (D)   No such vehicle shall have a height in excess of 13.5 feet, with or without load.
   (E)   An automobile transporter or boat transporter shall be allowed a length of 65 feet, and a stinger- steered automobile transporter or stinger-steered boat transporter shall be allowed a length of 75 feet; except that, the load thereon may extend no more than four feet beyond the rear of such vehicles and may extend no more than three feet beyond the front of such vehicles; and, except further that, the Director may prohibit the operation of a stinger-steered automobile transporter, stinger-steered boat transporter or a B-train assembly on any state highway or portion of any state highway that the Director designates.
   (F)   (1)   The widths prescribed in division (B) above shall not include side mirrors, turn signal lamps, marker lamps, handholds for cab entry and egress, flexible fender extensions, mud flaps, splash and spray suppressant devices and load-induced tire bulge.
      (2)   The widths prescribed in division (B)(5) above shall not include automatic covering devices, tarp and tarp hardware, and tiedown assemblies; provided, these safety devices do not extend more than three inches from either side of the vehicle.
      (3)   The lengths prescribed in divisions (C)(2) to (C)(7) above shall not include safety devices, bumpers attached to the front or rear of such bus or combination, non-property carrying devices or components that do not extend more than 24 inches beyond the rear of the vehicle and are needed for loading or unloading, B-train assembly used between the first and second semitrailer of a commercial tractor-semitrailer-semitrailer combination, energy conservation devices as provided in any regulations adopted by the Secretary of the United States Department of Transportation, or any non-cargo-carrying refrigerator equipment attached to the front of trailers and semitrailers. In special cases, vehicles that dimensions exceed those prescribed by this section may operate in accordance with rules adopted by the Director.
   (G)   (1)   This section does not apply to fire engines, fire trucks or other vehicles or apparatus belonging to the municipality or to the volunteer fire department thereof 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.
      (2)   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, when operating the same on the highways and streets of the municipality, shall comply with the rules of the Director governing such movement. Any person adversely affected shall have the same right of appeal as provided in Ohio R.C. Ch. 119.
      (3)   This section does not require the municipality 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.
   (H)   As used in this section, RECREATIONAL VEHICLE has the same meaning as in Ohio R.C. 4501.01.
(ORC 5577.05)
   (I)   No person shall violate any rule or regulation promulgated by the Director of Transportation in accordance with Ohio R.C. 5577.05.
(ORC 5577.06)
   (J)   Whoever violates 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.
(ORC 5577.99(C))
§ 339.04 ROUTE AND LOAD INFORMATION.
   Drivers of vehicles described in this chapter are 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.
§ 339.05 WHEEL PROTECTORS.
   (A)   No 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 public highways, streets, bridges, and culverts within the municipality, 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-third 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.
(ORC 5577.11)
   (B)   Whoever violates this section shall be fined not more than $25.
(ORC 5577.99(E))
§ 339.06 VEHICLES TRANSPORTING EXPLOSIVES.
   (A)   Any person operating any vehicle transporting explosives upon a highway shall at all times comply with the following requirements.
      (1)   The vehicle shall be marked or placarded on each side and on the rear with the word “EXPLOSIVES” in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than 24 inches square marked with the word “DANGER” in white letters six inches high, or shall be marked or placarded in accordance with § 177.823 of the United States Department of Transportation regulations.
      (2)   The vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use and placed at convenient points on such vehicle.
(ORC 4513.29)
   (B)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.99)
§ 339.07 TOWING REQUIREMENTS; EXCEPTION TO SIZE AND WEIGHT RESTRICTIONS.
   (A)   (1)   When one vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all the weight towed thereby, and the drawbar or other connection shall not exceed 15 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.
      (2)   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 12 inches square.   
      (3)   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. These 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.
      (4)   Every trailer or semitrailer, except pole and cable trailers and pole and cable dollies operated by a public utility as defined in Ohio R.C. 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 25 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 25 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, except as follows.
         (a)   An agricultural tractor may tow or draw more than one such vehicle;
         (b)   A pickup truck or straight truck designed by the manufacturer to carry a load of not less than one-half ton and not more than two tons may tow or draw not more than two such vehicles that are being used to transport agricultural produce from the farm to a local place of storage. No vehicle being so towed by such a pickup truck or straight truck shall be considered to be a motor vehicle.
(ORC 4513.32)
   (B)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.99)
   (C)   (1)   The size and weight provisions of this chapter and Ohio R.C. Chapter 5577 do not apply to a person who is engaged in the initial towing or removal or a wrecked or disabled motor vehicle from the site of an emergency on a public highway where the vehicle became wrecked or disabled to the nearest site where the vehicle can be brought into conformance with the requirements of this chapter and Ohio R.C. Chapter 5577 or to the nearest qualified repair facility.
      (2)   Any subsequent towing of a wrecked or disabled vehicle shall comply with the size and weight provisions of this chapter and Ohio R.C. Chapter 5577.
      (3)   No court shall impose any penalty prescribed in Ohio R.C. 5577.99, or any substantially equivalent municipal ordinance, or the civil liability established in Ohio R.C. 5577.12 upon a person towing or removing a vehicle in the manner described in division (C)(1) above.
(ORC 5577.15)
§ 339.08 LOADS DROPPING OR LEAKING; TRACKING MUD; REMOVAL REQUIRED.
   (A)   (1)   No vehicle shall be driven or moved on any highway unless the 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 the roadway.   
      (2)   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 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 highway unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the highway.
(ORC 4513.31)
   (B)   Whoever violates division (A) above is guilty of a minor misdemeanor.
(ORC 4513.99)
   (C)   No person shall operate any vehicle so as to track mud on any public way or place.
   (D)   It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud or permits the load or any portion thereof to be dropped or deposited upon any public way or place to immediately remove the same or cause it to be removed.
§ 339.09 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 Ohio R.C. 4513.09, or any substantially equivalent municipal ordinance.
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