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Broadview Heights Overview
Broadview Heights, OH Code of Ordinances
BROADVIEW HEIGHTS, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF BROADVIEW HEIGHTS, OHIO
PART II: ADMINISTRATION CODE
PART IV: TRAFFIC CODE
TITLE TWO: ADMINISTRATION, ENFORCEMENT AND PENALTIES
TITLE FOUR: PUBLIC WAYS AND TRAFFIC CONTROL DEVICES
TITLE SIX: OPERATION AND VEHICLES
CHAPTER 432: OPERATION GENERALLY
CHAPTER 434: O.V.I.; RECKLESS OPERATION; SPEED
CHAPTER 436: LICENSING; ACCIDENTS
CHAPTER 438: SAFETY AND EQUIPMENT
§ 438.01 DRIVING UNSAFE VEHICLES; APPLICATION.
§ 438.02 LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS.
§ 438.03 HEADLIGHTS ON MOTOR VEHICLES AND MOTORCYCLES.
§ 438.04 TAIL LIGHT; ILLUMINATION OF REAR LICENSE PLATE.
§ 438.05 REAR RED REFLECTORS.
§ 438.06 SAFETY LIGHTING ON COMMERCIAL VEHICLES.
§ 438.07 OBSCURED LIGHTS ON VEHICLES IN COMBINATION.
§ 438.08 RED LIGHT OR RED FLAG ON EXTENDED LOADS.
§ 438.09 LIGHTS ON PARKED OR STOPPED VEHICLES.
§ 438.10
§ 438.11 SPOTLIGHT AND AUXILIARY LIGHTS.
§ 438.12 COWL, FENDER AND BACK-UP LIGHTS.
§ 438.13 TWO LIGHTS DISPLAYED.
§ 438.14 USE OF HEADLIGHT BEAMS.
§ 438.15 LIGHTS OF LESS INTENSITY ON SLOW-MOVING VEHICLES.
§ 438.16 NUMBER OF LIGHTS PERMITTED; RED AND FLASHING LIGHTS.
§ 438.165 LIGHTS AND SOUND-PRODUCING DEVICES ON CORONERS’ VEHICLES.
§ 438.17 VEHICLES TRANSPORTING PRESCHOOL CHILDREN.
§ 438.18 FOCUS AND AIM OF HEADLIGHTS.
§ 438.19 MOTOR VEHICLE AND MOTORCYCLE BRAKES.
§ 438.20 HORN, SIREN AND THEFT ALARM SIGNAL.
§ 438.21 MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE.
§ 438.22 REAR-VIEW MIRROR; CLEAR VIEW TO FRONT, BOTH SIDES AND REAR.
§ 438.23 WINDSHIELD REQUIRED; SIGN OR POSTER UPON WINDSHIELD; WINDSHIELD WIPER.
§ 438.235 TINTED GLASS; MATERIALS ON GLASS.
§ 438.24 LIMITED LOAD EXTENSION ON LEFT SIDE OF PASSENGER VEHICLE.
§ 438.25 MOTOR VEHICLE STOP LIGHTS.
§ 438.26 BUMPERS.
§ 438.27 AIR CLEANER REQUIRED.
§ 438.28 BOARDING OR LEAVING MOVING VEHICLE.
§ 438.29 USE OF CHILD RESTRAINTS.
§ 438.30 USE OF OCCUPANT RESTRAINING DEVICES.
§ 438.32 AIR BAGS.
§ 438.99 PENALTY.
CHAPTER 440: COMMERCIAL AND HEAVY VEHICLES
CHAPTER 442: DRIVERS OF COMMERCIAL VEHICLES
CHAPTER 444: OFFENSES RELATING TO THEFT AND FRAUD
CHAPTER 446: TRANSPORTATION OF RADIOACTIVE MATERIALS
TITLE EIGHT: PARKING
TITLE TEN: BICYCLES, MOTORCYCLES AND SNOWMOBILES
PART VI: GENERAL OFFENSES
PART VIII: BUSINESS REGULATION AND TAXATION CODE
PART X: STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART XII: PLANNING AND ZONING
PART XIV: BUILDING AND HOUSING CODE
PART XVI: FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
COMPARATIVE SECTION TABLE
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§ 438.19 MOTOR VEHICLE AND MOTORCYCLE BRAKES.
   (A)   Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the motor vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, then on such motor vehicles, manufactured or assembled after January 1, 1942, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
   (B)   Every motorcycle, when operated upon a highway shall be equipped with at least one adequate brake, which may be operated by hand or by foot.
   (C)   Every motorized bicycle shall be equipped with brakes meeting the rules adopted by the Director of Public Safety under Ohio R.C. 4511.521.
   (D)   When operated upon the highways, the following vehicles shall be equipped with brakes adequate to control the movement of and to stop and to hold the vehicle, designed to be applied by the driver of the towing motor vehicle from its cab, and also designed and connected so that, in case of a breakaway of the towed vehicle, the brakes shall be automatically applied:
      (1)   Except as otherwise provided in this section, every trailer or semitrailer, except a pole trailer, with an empty weight of 2,000 pounds or more, manufactured or assembled on or after January 1, 1942;
      (2)   Every manufactured home or travel trailer with an empty weight of 2,000 pounds or more, manufactured or assembled on or after January 1, 2001.
   (E)   Every watercraft trailer with a gross weight or manufacturer’s gross vehicle weight rating of 3,000 pounds or more that is manufactured or assembled on or after January 1, 2008, shall have separate brakes equipped with hydraulic surge or electrically operated brakes on two wheels.
   (F)   In any combination of motor-drawn trailers or semitrailers equipped with brakes, means shall be provided for applying the rearmost brakes in approximate synchronism with the brakes on the towing vehicle, and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost brakes; or both of the above means, capable of being used alternatively, may be employed.
   (G)   Every vehicle and combination of vehicles, except motorcycles and motorized bicycles, and except trailers and semitrailers of a gross weight of less than 2,000 pounds, and pole trailers, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver’s muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.
   (H)   The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.
   (I)   Every motor vehicle or combination of motor-drawn vehicles shall, at all times and under all conditions of loading, be capable of being stopped on a dry, smooth, level road free from loose material, upon application of the service or foot brake, within the following specified distances, or shall be capable of being decelerated at a sustained rate corresponding to these distances:
      (1)   Vehicles or combinations of vehicles having brakes on all wheels shall come to a stop in 30 feet or less from a speed of 20 miles per hour.
      (2)   Vehicles or combinations of vehicles not having brakes on all wheels shall come to a stop in 40 feet or less from a speed of 20 miles per hour.
   (J)   All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
(ORC 4513.20)
§ 438.20 HORN, SIREN AND THEFT ALARM SIGNAL.
   (A)   Every motor vehicle when operated upon a highway shall be equipped with a horn which is in good working order and capable of emitting sound audible, under normal conditions, from a distance of not less than 200 feet.
   (B)   No motor vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell. Any vehicle may be equipped with a theft alarm signal device which shall be so arranged that it cannot be used as an ordinary warning signal. Every emergency vehicle shall be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the Director of Public Safety. Such equipment shall not be used except when such vehicle is operated in response to an emergency call or is in the immediate pursuit of an actual or suspected violator of the law, in which case the driver of the emergency vehicle shall sound such equipment when it is necessary to warn pedestrians and other drivers of the approach thereof.
(ORC 4513.21)
   (C)   No person shall use the horn of a motor vehicle except to give warning to other drivers or pedestrians.
§ 438.21 MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE.
   (A)   Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates.
   (B)   No person shall own, operate or have in the person’s possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.
(ORC 4513.22)
§ 438.22 REAR-VIEW MIRROR; CLEAR VIEW TO FRONT, BOTH SIDES AND REAR.
   Every motor vehicle and motorcycle shall be equipped with a mirror so located as to reflect to the operator a view of the highway to the rear of such vehicle or motorcycle. Operators of vehicles and motorcycles shall have a clear and unobstructed view to the front and to both sides of their vehicles and motorcycles and shall have a clear view to the rear of their vehicles and motorcycles by mirror.
(ORC 4513.23)
§ 438.23 WINDSHIELD REQUIRED; SIGN OR POSTER UPON WINDSHIELD; WINDSHIELD WIPER.
   (A)   No person shall drive any motor vehicle on a street or highway in this municipality, other than a motorcycle or motorized bicycle, that is not equipped with a windshield.
   (B)   (1)   No person shall drive any motor vehicle, other than a bus, with any sign, poster, or other non-transparent material upon the front windshield, sidewings, side, or rear windows of such vehicle other than a certificate or other paper required to be displayed by law, except that there may be in the lower left-hand or right-hand corner of the windshield a sign, poster, or decal not to exceed four inches in height by six inches in width. No sign, poster, or decal shall be displayed in the front windshield in such a manner as to conceal the vehicle identification number for the motor vehicle when, in accordance with federal law, that number is located inside the vehicle passenger compartment and so placed as to be readable through the vehicle glazing without moving any part of the vehicle.
      (2)   Division (B)(1) of this section does not apply to a person who is driving a passenger car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if either of the following apply to the device:
         (a)   It is a “vehicle safety technology” as defined in 49 C.F.R. § 393.5 and complies with 49 C.F.R. § 393.60(e)(1)(ii).
         (b)   It does not restrict the vehicle operator’s sight lines to the road and highway signs and signals, and it does not conceal the vehicle identification number.
      (3)   Division (B)(1) of this section does not apply to a person who is driving a commercial car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if either of the following apply to the device:
         (a)   It is a “vehicle safety technology” as defined in 49 C.F.R. § 393.5 and complies with 49 C.F.R. § 393.60(e)(1)(ii).
         (b)   It does not restrict the vehicle operator’s sight lines to the road and highway signs and signals, and it is mounted not more than 8.5 inches below the upper edge of the windshield.
   (C)   The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield. The device shall be maintained in good working order and so constructed as to be controlled or operated by the operator of the vehicle.
(ORC 4513.24)
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