(A) A person may not drive a motor vehicle that has the following windows covered by or treated with sunscreening material or tinted to the extent, or manufactured in a way, that the occupants of the vehicle cannot be easily identified or recognized through the windows from outside the vehicle. However, it is a defense if the sunscreening material applied to those windows has a total solar reflectance of visible light of not more than 25% as measured on the non-film side and light transmittance of at least 30% in the visible light range:
(1) Windshield;
(2) Side wing;
(3) Side window that is part of a front door; or
(4) Rear back window.
(B) This section does not apply to a manufacturer’s tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by FMVSS205 as promulgated in 49 C.F.R. § 571.205. Proof from the manufacturer, supplier or installer that the tinting or glazing is in compliance with or permitted by FMVSS205 must be carried in the vehicle.
(C) (1) This section does not apply to the driver of a vehicle:
(a) That is owned by an individual required for medical reasons to be shielded from the direct rays of the sun; or
(b) In which an individual required for medical reasons to be shielded from the direct rays of the sun is a habitual passenger.
(2) The medical reasons must be attested to by a physician or optometrist licensed to practice in the state, and the physician’s or optometrist’s certification of that condition must be carried in the vehicle. The physician’s or optometrist’s certificate must be renewed annually.
(D) (1) A person may not tint or otherwise cover or treat with sunscreening the parts of a vehicle described in division (A) above so that operation of the vehicle after the tinting or sunscreening is performed is a violation of division (A) above.
(2) However, it is not a violation of this section if this work is performed for a person who submits a physician’s or optometrist’s statement as described in division (C) above to the person who is to perform the work.
(Ord. 8-2014, passed 7-28-2014) Penalty, see § 70.999