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440.10 WEIGHING VEHICLE AND REMOVAL OF EXCESS LOAD.
(a) Any police officer having reason to believe that the weight of a vehicle and its load is unlawful may require the driver of such vehicle to stop and submit to a weighing of it by means of a compact, self-contained, portable, sealed scale, specially adapted to determining the wheel loads of vehicles on highways; a sealed scale permanently installed in a fixed location, having a load-receiving element specially adapted to determining the wheel loads of highway vehicles; a sealed scale, permanently installed in a fixed location, having a load-receiving element specially adapted to determining the combined load of all wheels on a single axle or on successive axles of a highway vehicle; or a sealed scale adapted to weighing highway vehicles, loaded or unloaded. The driver of such vehicle shall, if necessary, be directed to proceed to the nearest available of such sealed scales to accomplish the weighing, provided such scales are within three miles of the point where such vehicle is stopped. Any vehicle stopped in accordance with this section may be held by the police officer for a reasonable time only to accomplish the weighing as prescribed by this section. All scales used in determining the lawful weight of a vehicle and its load shall be annually compared by a municipal, County or State sealer with the State standards or standards approved by the State and such scales shall not be sealed if they do not conform to the State standards or standards approved by the State.
(b) At each end of a permanently installed scale, there shall be a straight approach in the same plane as the platform, of sufficient length and width to insure the level positioning of vehicles during weight determinations.
(c) During determination of weight by compact, self-contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, they shall always be used on terrain of sufficient length and width to accommodate the entire vehicle being weighed. Such terrain shall be level or, if not level, it shall be of such elevation that the difference in elevation between the wheels on any one axle does not exceed two inches and the difference in elevation between axles being weighed does not exceed one-fourth inch per foot of the distance between such axles.
(d) In the determination of all weights, except gross weight, by compact, self- contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, all successive axles, twelve feet or less apart, shall be weighed simultaneously by placing one such scale under the outside wheel of each such axle. In determinations of gross weight by the use of compact, self-contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, all axles shall be weighed simultaneously by placing one such scale under the outside wheel of each axle.
(e) Whenever such officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as is necessary to reduce the weight of such vehicle to the limit permitted under Section 440.01.
(ORC 4513.33; Ord. 1968-40. Passed 4-1-68.)
440.11 EXTRA SIGNAL EQUIPMENT.
(a) No person shall operate any motor truck, bus or commercial tractor upon any highway within the City at any time from one-half hour after sunset to one-half hour before sunrise unless there is carried in such vehicle, except as provided in subsection (b), the following equipment which shall be of the types approved by the Ohio Director of Transportation:
(1) At least three flares or three red reflectors or three red electric lanterns, each of which shall be capable of being seen and distinguished at a distance of 500 feet under normal atmospheric conditions at night time.
(2) At least three red-burning fusees, unless red reflectors or red electric lanterns are carried.
(3) At least two red cloth flags, not less than twelve inches square, with standards to support same.
(4) The type of red reflectors shall comply with such standards and specifications in effect on September 16, 1963, or later, established by the Interstate Commerce Commission, and must be certified as meeting such standards by Underwriter's Laboratories.
(b) No person shall operate, at the time and under the conditions stated in subsection (a), any motor vehicle used in transporting flammable liquids in bulk, or transporting compressed flammable gases, unless there is carried in such vehicle three red electric lanterns or three red reflectors meeting the requirements stated above and there shall not be carried in any such vehicle any flares, fusees or signal produced by a flame.
(c) This section does not apply to any person who operates any motor vehicle in a work area designated by protection equipment devices that are displayed and used in accordance with the manual adopted by the Ohio Department of Transportation under Ohio R.C. 4511.09.
(ORC 4513.27)
440.12 WARNING DEVICES ON DISABLED VEHICLES.
(a) Whenever any motor truck, bus, commercial tractor, trailer, semitrailer or pole trailer is disabled upon the traveled portion of any highway, or the shoulder thereof, or upon any freeway, expressway, thruway and connecting, entering or exiting ramps, within the City at any time when lighted lights are required on vehicles, the operator of such vehicle shall display the following warning devices upon the street or highway during the time the vehicle is so disabled on the street or highway except as provided in subsection (b) hereof:
(1) A lighted fusee shall be immediately placed on the roadway at the traffic side of such vehicle, unless red electric lanterns or red reflectors are displayed.
(2) Within the burning period of the fusee and as promptly as possible, three lighted flares (pot torches) or three red electric lanterns or three red reflectors shall be placed on the roadway as follows:
A. One at a distance of forty paces or approximately 100 feet in advance of the vehicle;
B. One at a distance of forty paces or approximately 100 feet to the rear of the vehicle, except as hereinafter provided, each in the center of the lane of traffic occupied by the disabled vehicle;
C. One at the traffic side of the vehicle.
(b) Whenever any vehicle used in transporting flammable liquids in bulk, or transporting compressed flammable gases, is disabled upon a highway at any time or place mentioned in subsection (a) hereof, the driver of such vehicle shall display upon the roadway the following warning devices:
(1) One red electric lantern or one red reflector shall be immediately placed on the roadway at the traffic side of the vehicle;
(2) Two other red electric lanterns or two other red reflectors shall be placed to the front and rear of the vehicle in the same manner prescribed in subsection (a) above.
(c) When a vehicle of a type specified in subsection (b) hereof is disabled, the use of flares, fusees or any signal produced by flame as a warning signal is prohibited.
(d) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway, or the shoulder thereof, or upon any freeway, expressway, thruway and connecting, entering or exiting ramps, at any time when the display of fusees, flares, red reflectors or electric lanterns is not required, the operator of such vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of forty paces or approximately 100 feet in advance of the vehicle, and one at a distance of forty paces or approximately 100 feet to the rear to the vehicle, except as hereinafter provided.
(e) The flares, fusees, lanterns, red reflectors and flags to be displayed as required in this section shall conform with the requirements of Section 440.11 applicable thereto.
(f) In the event the vehicle is disabled near a curve, crest of a hill or other obstruction of view, the flare, flag, reflector or lantern in that direction shall be so placed as to afford ample warning to other users of the highway but in no case less than forty paces or approximately 100 feet nor more than 120 paces or approximately 300 feet from the disabled vehicle.
(g) This section does not apply to the operator of any vehicle in a work area designated by protection equipment devices that are displayed and used in accordance with the manual adopted by the Ohio Department of Transportation under Ohio R.C. 4511.09.
(ORC 4513.28)
440.14 ROUTE AND LOAD INFORMATION.
Drivers 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. 1969-54. Passed 7-7-69.)
440.15 CHAUFFEURED LIMOUSINES.
(a) The operator of a chauffeured limousine shall accept passengers only on the basis of prearranged contracts, as defined in Section 402.075, and shall not cruise in search of patronage unless the limousine is in compliance with any statute or ordinance governing the operation of taxicabs or other similar vehicles for hire.
(b) No person shall advertise or hold himself or herself out as doing business as a limousine service or livery service or other similar designation unless each vehicle used by him or her to provide the service is registered in accordance with Ohio R.C. 4503.24, and is in compliance with Ohio R.C. 4509.80.
(ORC 4511.85)
440.16 LIABILITY FOR DAMAGES; PROSECUTION; APPLICATION OF MONEYS.
Any person violating any law relating to or regulating the use of the improved public roads shall be liable for all damage resulting to any such street, highway, bridge or culvert by reason of such violation. In case of any injury to such street, highway, bridge or culvert, such damages shall be collected by civil action, brought in the name of the City, on the relation of the Public Works Director with respect to highways under his jurisdiction, and the Law Director shall institute such action, when requested by the Public Works Director and prosecute it to final judgment. In case of any injury to an improved public road, bridge or culvert of the City, by reason of violations of any of the rules and regulations made by the City, the damages shall be recovered by a civil action prosecuted by the City.
(5577.12 ORC; Ord. 1997-110. Passed 6-2-97.)
440.17 UNLAWFUL OPERATION; TAX COMMISSIONER TO BE NOTIFIED.
(a) It shall be unlawful for any person to operate a commercial car with three or more axles, a commercial car as part of a commercial tandem, or a commercial tractor as part of a commercial tractor combination or commercial tandem on a public highway without a valid highway use permit for such commercial car or commercial tractor.
(b) The Judge or Magistrate or any court finding any person guilty of unlawfully operating a commercial car or commercial tractor as provided for in this section shall immediately notify the Ohio Tax Commissioner of such violation and shall transmit to the Commissioner the name and the permanent address of the owner of the commercial car or commercial tractor operated in violation of this section, the registration number, the State of registration, and the certificate of title number of the commercial car or commercial tractor.
(5728.04 ORC; Ord. 1997-110. Passed 6-2-97.)
440.99 PENALTY.
(EDITOR'S NOTE: See Section 408.02 for general Code penalty if no specific penalty is provided.)
Whoever violates any of the weight provisions of this chapter shall be fined in accordance with the following schedule:
Overload (in Pounds) | Not Less Than | Not More Than |
Less than 1,001 |
$ 50.00 |
$ 75.00 |
1,001 to 1,500 |
60.00 |
90.00 |
1,501 to 2,000 |
70.00 |
100.00 |
2,001 to 2,500 |
100.00 |
150.00 |
2,501 to 3,000 |
110.00 |
165.00 |
3,001 to 3,500 |
120.00 |
180.00 |
3,501 to 4,000 |
130.00 |
195.00 |
4,001 to 4,500 |
140.00 |
210.00 |
4,501 to 5,000 |
150.00 |
225.00 |
5,001 to 5,500 |
160.00 |
240.00 |
5,501 to 6,000 |
170.00 |
255.00 |
6,001 to 6,500 |
180.00 |
270.00 |
6,001 to 7,000 |
190.00 |
285.00 |
7,001 to 7,500 |
200.00 |
300.00 |
7,501 to 8,000 |
210.00 |
315.00 |
8,001 to 8,500 |
220.00 |
330.00 |
8,501 to 9,000 |
230.00 |
345.00 |
9,001 to 9,500 |
240.00 |
360.00 |
9,501 to 10,000 |
250.00 |
375.00 |
10,001 to 10,500 |
470.00 |
705.00 |
10,501 to 11,000 |
490.00 |
735.00 |
11,001 to 11,500 |
510.00 |
765.00 |
11,501 to 12,000 |
530.00 |
795.00 |
12,001 to 12,500 |
550.00 |
825.00 |
12,501 to 13,000 |
570.00 |
855.00 |
13,001 to 13,500 |
590.00 |
885.00 |
13,501 to 14,000 |
610.00 |
915.00 |
14,001 to 14,500 |
630.00 |
945.00 |
14,501 to 15,000 |
650.00 |
975.00 |
15,001 to 15,500 |
670.00 |
1,005.00 |
15,501 to 16,000 |
690.00 | |
16,001 to 16,500 |
710.00 |
1,065.00 |
16,501 to 17,000 |
730.00 |
1,095.00 |
17,001 to 17,500 |
750.00 |
1,125.00 |
17,501 to 18,000 |
770.00 |
1,155.00 |
18,001 to 18,500 |
790.00 |
1,185.00 |
18,501 to 19,000 |
810.00 |
1,215.00 |
19,001 to 19,500 |
830.00 |
1,245.00 |
19,501 to 20,000 |
850.00 |
1,275.00 |
More than 20,000 pounds - not less than one hundred dollars ($100.00) plus four dollars ($4.00) per 100 pounds of overload, and not more than one hundred dollars ($100.00) plus six dollars ($6.00) per 100 pounds of overload.
In addition to the fines above designated, any person found guilty of a violation of any weight provision of this chapter may be imprisoned for not more than six months.
No penalty prescribed in this section shall be imposed on any vehicle combination if:
(a) The overload on any axle does not exceed 1,000 pounds; and if
(b) The immediately preceding or following axle, excepting the front axle of the vehicle combination, is under loaded by the same or a greater amount.
For purposes of this paragraph, two axles on one vehicle less than eight feet apart shall be considered as one axle.
(Ord. 1966-104. Passed 9-19-66.)