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Blue Ash Overview
Codified Ordinances of Blue Ash, OH
CODIFIED ORDINANCES OF THE CITY OF BLUE ASH, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 92-59
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - PROPERTY STANDARDS
CHAPTER 339
Commercial and Heavy Vehicles
339.01   Oversize or overweight vehicle operation on State routes, expressways and freeways; State permit.
339.02   Use of local streets; local permit and conditions.
339.021   Banning semi-trailers from accessing Malsbary Road from Kenwood Road.
339.03   Maximum width, height and length.
339.04   Route and load information.
339.05   Wheel protectors.
339.06   Vehicles transporting explosives.
339.07   Towing requirements.
339.08   Loads dropping or leaking; removal required; tracking mud.
339.09   Shifting load; loose loads.
339.10   Vehicles with spikes, lugs and chains.
339.11   Use of studded tires and chains.
339.12   Farm truck use restricted.
339.13   Motor transportation companies and motor carriers.
339.14   Reduction of weight and speed during times of thaws and moisture.
339.15   Classification of roads.
339.16   Rules and regulations.
339.17   Statement of gross vehicle weight.
339.18   Liability for damages; prosecution; application of moneys.
339.19   Notice of arrest.
339.20   Highway use permit and identification device.
339.21   Unlawful operation; Tax Commissioner to be notified.
339.22   Signs.
339.23   Exceptions.
CROSS REFERENCES
      See sectional histories for similar State law
      Weighing vehicle; removal of excess load - see Ohio R.C. 4513.33
      Arrest notice of driver - see Ohio R.C. 5577.14
      Slower moving vehicles to be driven in right-hand lane - see TRAF. 331.01(b)
      Fatigued or ill drivers - see TRAF. 341.02
   339.01 OVERSIZE OR OVERWEIGHT VEHICLE OPERATION ON STATE ROUTES, EXPRESSWAYS AND FREEWAYS; STATE PERMIT.
   (a)   No person shall operate or move a vehicle or combination of vehicles of a size or weight or containing a load exceeding the maximums specified in Ohio R.C. 5577.01 to 5577.09, inclusive, or otherwise not in conformity with Ohio R.C. 4513.01 to 4513.37, inclusive, upon any improved public highways, streets, bridges or culverts of any State route, expressway or freeway within the Municipality, except pursuant to special written permit issued by the Ohio Director of Transportation, or upon any 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 for purposes of enforcement. Definitions as set forth in Ohio R.C. 4511.01 shall apply to this section and chapter.
   (b)   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 Municipality; however, it shall be unlawful to operate any such vehicle or combination of vehicles upon any improved public highways, streets, bridges or culverts within the City which is not a State route, except as provided in Section 339.02.
(ORC 4513.34; Ord. 91-12. Passed 1-24-91.)
   (c)   Whoever violates the weight provisions of this section shall be fined eighty dollars for the first two thousand pounds, or fraction thereof, of overload; for overloads in excess of two thousand pounds, but not in excess of five thousand pounds, such person shall be fined one hundred dollars, and in addition thereto one dollar per one hundred pounds of overload; for overloads in excess of five thousand pounds, but not in excess of ten thousand pounds, such person shall be fined one hundred thirty dollars and in addition thereto two dollars per one hundred pounds of overload, or imprisoned not more than 180 days, or both. For all overloads in excess of ten thousand pounds such person shall be fined one hundred sixty dollars, and in addition thereto three dollars per one hundred pounds of overload, or imprisoned not more than 180 days, or both. Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than one hundred dollars. No penalty prescribed in this subsection shall be imposed on any vehicle combination if the overload on any axle does not exceed one thousand pounds, and if the immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this division, two axles on one vehicle less than eight feet apart, shall be considered as one axle.
(ORC 5577.99)
   339.02 USE OF LOCAL STREETS; LOCAL PERMIT AND CONDITIONS.
   (a)    Use of Local Streets. No person shall operate a vehicle exceeding a size as specified in Section 339.03 or exceeding a gross weight of five tons, upon any street in the Municipality other than a State route, except those local streets designated as a truck route and marked as such by appropriate traffic signs, and except when such operation is necessary to load or unload property, to go to or from the usual place of storage of such vehicle or to perform any other legitimate business or act other than passage through the Municipality. Operators of vehicles so deviating from either a State route or a designated truck route within the Municipality shall confine such deviation to that required in order to accomplish the purpose of the departure.
   (b)   Local Permit and Conditions. Upon application and for good cause, the City Manager or his designee may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets.
   No permittee shall be required to obtain a special permit from the Ohio Director of Transportation for the movement of the vehicle or combination of vehicles on streets or highways under local jurisdiction; however, the approval of the Ohio Director of Transportation shall be required for movement upon State routes as provided in Section 339.01.
   The City Manager or his designee may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the City Manager or his designee in his discretion deems advisable, or for the duration of any construction project. The City Manager or his designee may limit or prescribe terms or conditions of operation for such vehicle or combination of vehicles by designating the route, hours, speed or such other restrictions as may be necessary for the preservation of the public peace, property, health and safety. The City Manager or his designee may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
   For each such permit, the City Manager or his designee shall charge ten dollars ($10.00), and for each hour of time or any part thereof spent by each police officer in supervising the movement of such vehicle, the applicant shall pay the sum of twenty-five dollars ($25.00) per hour per officer. The charge can be prorated into fifteen minute increments.
   Signs shall be posted indicating "no thru trucks - gross weight 5 tons" or words of similar import to apprise drivers of the limitations imposed by this section. No driver shall disobey the instructions indicated on any such sign.
   Violation of any of the limitations, terms or conditions of the permit granted by the City Manager or his designee shall be cause for immediate revocation or suspension of such permit, and denial of request for any future permit. Such violation shall also subject the violator to the penalty prescribed by Section 303.99.
   (c)   Whoever violates the weight provisions of this section shall be fined eighty dollars for the first two thousand pounds, or fraction thereof, of overload; for overloads in excess of two thousand pounds, but not in excess of five thousand pounds, such person shall be fined one hundred dollars, and in addition thereto one dollar per one hundred pounds of overload; for overloads in excess of five thousand pounds, but not in excess of ten thousand pounds, such person shall be fined one hundred thirty dollars and in addition thereto two dollars per one hundred pounds of overload, or imprisoned not more than 180 days, or both. For all overloads in excess of ten thousand pounds such person shall be fined one hundred sixty dollars, and in addition thereto three dollars per one hundred pounds of overload, or imprisoned not more than 180 days, or both. Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than one hundred dollars. No penalty prescribed in this subsection shall be imposed on any vehicle combination if the overload on any axle does not exceed one thousand pounds, and if the immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this division, two axles on one vehicle less than eight feet apart, shall be considered as one axle.
(ORC 5577.99)
   339.021 BANNING SEMI-TRAILERS FROM ACCESSING MALSBARY ROAD FROM KENWOOD ROAD.
   (a)   No person operating a semi-trailer shall access Malsbary Road from Kenwood Road.
   (b)   The City Manager or his designee shall erect appropriate signs along Kenwood Road, stating that semi-trailers may not access Malsbary Road from Kenwood Road.
   (c)   Penalties. Whoever is convicted of or pleads guilty to a violation of this section is guilty of a minor misdemeanor. (Ord. 2021-05. Passed 10-14-21.)
   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 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 of roads over which operation of 102-inch buses is prohibited by order of the Ohio 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;
      (5)   102 inches, including load, for all other vehicles, except that the Director may prohibit the operation of 102-inch vehicles on such 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, by journal entry, 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;
      (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 subsections (c)(3) and (4) and in subsection (e) hereof;
      (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 thirteen feet six inches, with or without load.
 
   (e)   An automobile transporter or boat transporter shall be allowed a length of sixty-five feet and a stinger-steered automobile transporter or stinger-steered boat transporter shall be allowed a length of seventy-five 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 any stinger-steered automobile transporter or stinger-steered boat transporter or a B-train assembly on any State highway or portion of any State highway that the Director designates.
 
   (f)   The widths prescribed in subsection (b) 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.
   The width prescribed in subsection (b)(5) 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 each side of the vehicle.
   The lengths prescribed in subsections (c)(2) to (8) hereof shall not include safety devices, bumpers attached to the front or rear of such bus or combination, nonproperty carrying devices or components that do not extend more than twenty-four 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 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 adopted by the Ohio Director of Transportation.
 
   (g)   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, when operating the same on the highways and streets of this State shall comply with the rules of the Director governing such movement, that the Director may adopt. Ohio R.C. 119.01 to 119.13 apply to any rules the Director adopts under this section, or the amendment or rescission of the rules, and any person adversely affected shall have the same right of appeal as provided in those sections.
   This section does not require the State, the Municipality, 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 Municipality.
 
   (h)   As used in this section, "recreational vehicle" has the same meaning as in Ohio R.C. 4501.01. (ORC 5577.05)
 
   (i)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense or subsequent offense, the person is guilty of a misdemeanor of the fourth degree. (ORC 5577.99)
 
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