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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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§ 438.21 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)
§ 438.235 TINTED GLASS; MATERIALS ON GLASS.
   (A)   No person shall operate, on any highway or other public or private property open to the public for vehicular travel or parking, lease, or rent any motor vehicle that is registered in this state unless the motor vehicle conforms to the requirements concerning tinted glass and reflectorized material of Ohio R.C. 4513.241 and of any applicable rule adopted under that section.
   (B)   No person shall install in or on any motor vehicle any glass or other material that fails to conform to the requirements of Ohio R.C. 4513.241 or of any rule adopted under that section.
   (C)   (1)   No used motor vehicle dealer or new motor vehicle dealer, as defined in Ohio R.C. 4517.01, shall sell any motor vehicle that fails to conform to the requirements of Ohio R.C. 4513.241 or of any rule adopted under that section.
      (2)   No manufacturer, remanufacturer, or distributor, as defined in R.C. § 4517.01, shall provide to a motor vehicle dealer licensed under R.C. Chapter 4517 or to any other person, a motor vehicle that fails to conform to the requirements of R.C. § 4513.241 or of any rule adopted under that section.
   (D)   No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings, or rear window.
   (E)   This section does not apply to the manufacturer’s tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by Federal Motor Vehicle Safety Standard #205.
   (F)   With regard to any side window behind a driver’s seat or any rear window other than any window on an emergency door, this division (B) does not apply to any school bus used to transport a child with disabilities pursuant to Ohio R.C. Chapter 3323, whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by a school district. As used in this division, “child with disabilities” has the same meaning as in Ohio R.C. 3323.01.
   (G)   This section does not apply to any school bus that is to be sold and operated outside the municipality.
   (H)   (1)   This section does not apply to a motor vehicle used by a law enforcement agency under either of the following circumstances:
         (a)   The vehicle does not have distinctive markings of a law enforcement vehicle but is operated by or on behalf of the law enforcement agency in an authorized investigation or other activity requiring that the presence and identity of the vehicle occupants be undisclosed.
         (b)   The vehicle primarily is used by the law enforcement canine unit for transporting a police dog.
      (2)   As used in this division, “law enforcement agency” means a police department, the office of a sheriff, the State Highway Patrol, a county prosecuting attorney, or a federal, state, or local governmental body that enforces criminal laws and that has employees who have a statutory power of arrest.
(ORC 4513.241(C) - (J))
Statutory reference:
   Administrative regulations, see O.A.C. Chapter 4501-41
§ 438.24 LIMITED LOAD EXTENSION ON LEFT SIDE OF PASSENGER VEHICLE.
   No passenger-type vehicle shall be operated on a highway with any load carried on the vehicle which extends more than six inches beyond the line of the fenders on the vehicle’s left side.
(ORC 4513.30)
§ 438.25 MOTOR VEHICLE STOP LIGHTS.
   (A)   Every motor vehicle, trailer, semitrailer, and pole trailer when operated upon a highway shall be equipped with two or more stop lights, except that passenger cars manufactured or assembled prior to January 1, 1967, motorcycles, and motor-driven cycles shall be equipped with at least one stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. Such stop lights when actuated shall emit a red light visible from a distance of 500 feet to the rear; provided that in the case of a train of vehicles only the stop lights on the rearmost vehicle need be visible from the distance specified.
   (B)   Such stop lights when actuated shall give a steady warning light to the rear of a vehicle or train of vehicles to indicate the intention of the operator to diminish the speed of or stop a vehicle or train of vehicles.
   (C)   When stop lights are used as required by this section, they shall be constructed or installed so as to provide adequate and reliable illumination and shall conform to the appropriate rules and regulations established under Ohio R.C. 4513.19.
   (D)   Historical motor vehicles as defined in Ohio R.C. 4503.181, not originally manufactured with stop lights, are not subject to this section.
(ORC 4513.071)
§ 438.26 BUMPERS.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Gross vehicle weight rating” means the manufacturer’s gross vehicle weight rating established for that vehicle.
      (2)   “Manufacturer” has the same meaning as in Ohio R.C. 4501.01.
      (3)   “Multipurpose passenger vehicle” means a motor vehicle with motive power, except a motorcycle, designed to carry ten persons or less, that is constructed either on a truck chassis or with special features for occasional off-road operation.
      (4)   “Passenger car” means any motor vehicle with motive power, designed for carrying ten persons or less, except a multipurpose passenger vehicle or motorcycle.
      (5)   “Truck” means every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating of 10,000 pounds or less.
   (B)   Rules adopted by the Director of Public Safety, in accordance with Ohio R.C. Chapter 119, shall govern the maximum bumper height or, in the absence of bumpers and in cases where bumper height have been lowered or modified, the maximum height to the bottom of the frame rail of any passenger car, multipurpose passenger vehicle or truck.
   (C)   No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this state that does not conform to the requirements of this section or any applicable rule adopted pursuant to Ohio R.C. 4513.021.
   (D)   No person shall modify any motor vehicle registered in this state in such a manner as to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation, and no person shall disconnect any part of the original suspension system of the vehicle to defeat the safe operation of that system.
   (E)   Nothing contained in this section or in the rules adopted pursuant to Ohio R.C. 4513.021 shall be construed to prohibit either of the following:
      (1)   The installation upon a passenger car, multipurpose passenger vehicle or truck registered in this state of heavy duty equipment, including shock absorbers and overload springs:
      (2)   The operation on a street or highway of a passenger car, multipurpose passenger vehicle, or truck registered in this state with normal wear to the suspension system if the normal wear does not adversely affect the control of the vehicle.
   (F)   This section and the rules adopted pursuant to Ohio R.C. 4513.021 do not apply to any specially designed or modified passenger car, multipurpose passenger vehicle, or truck when operated off a street or highway in races and similar events.
(ORC 4513.021)
Statutory reference:
   Maximum height on bumpers, see O.A.C. Chapter 4501-43
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