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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
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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§ 440.02 MAXIMUM WIDTH, HEIGHT AND LENGTH.
   (A)   No vehicle shall be operated upon the public highways, streets, bridges, and culverts within this 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 the municipality.
      (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 22 feet, except those roads or portions of roads over which operation of 102-inch buses is prohibited by order of the 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 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 division (C)(3) and (4), and in division (E) below.
      (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 13.5 feet, with or without load.
   (E)   An automobile transporter or boat transporter shall be allowed a length of 65 feet, and a stinger- steered automobile transporter or stinger-steered boat transporter shall be allowed a length of 75 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 a stinger-steered automobile transporter, stinger-steered boat transporter, or a B-train assembly on any state highway or portion of any state highway that the Director designates.
   (F)   (1)   The widths prescribed in division (B) of this section 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.
      (2)   The widths prescribed in division (B)(5) of this section 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 either side of the vehicle.
      (3)   The lengths prescribed in divisions (C)(2) to (C)(7) shall not include safety devices, bumpers attached to the front or rear of such bus or combination, non-property carrying devices or components that do not extend more than 24 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 refrigerator equipment attached to the front of trailers and semitrailers. In special cases, vehicles that dimensions exceed those prescribed by this section may operate in accordance with rules adopted by the Director.
   (G)   (1)   This section does not apply to fire engines, fire trucks, or other vehicles or apparatus belonging to the municipality or to the volunteer fire department thereof 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.
      (2)   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 the municipality, shall comply with the rules of the Director governing such movement. Any person adversely affected shall have the same right of appeal as provided in Ohio R.C. Chapter 119.
      (3)   This section does not require the municipality 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.
   (H)   As used in this section, “recreational vehicle” has the same meaning as in Ohio R.C. 4501.01.
(ORC 5577.05)
   (I)   No person shall violate any rule or regulation promulgated by the Director of Transportation in accordance with Ohio R.C. 5577.05.
(ORC 5577.06)
§ 440.03 WHEEL PROTECTORS.
   No person shall drive or operate, or cause to be driven or operated, any commercial car, trailer, or semitrailer, used for the transportation of goods or property, the gross weight of which, with load, exceeds three tons, upon the public highways, streets, bridges, and culverts within the municipality, unless such vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels of such vehicle or combination of vehicles to prevent, as far as practicable, the wheels from throwing dirt, water, or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-third of the distance from the center of the rearmost axle to the center of the flaps under any conditions of loading of the vehicle, and they shall be at least as wide as the tires they are protecting. If the vehicle is so designed and constructed that such requirements are accomplished by means of fenders, body construction, or other means of enclosure, then no such protectors or flaps are required. Rear wheels not covered at the top by fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means extending at least to the center line of the rearmost axle.
(ORC 5577.11)
§ 440.04 VEHICLES TRANSPORTING EXPLOSIVES.
   Any person operating any vehicle transporting explosives upon a highway shall at all times comply with the following requirements:
   (A)   The vehicle shall be marked or placarded on each side and on the rear with the word “EXPLOSIVES” in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than 24 inches square marked with the word “DANGER” in white letters six inches high, or shall be marked or placarded in accordance with § 177.823 of the United States Department of Transportation regulations.
   (B)   The vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at convenient points on such vehicle.
(ORC 4513.29)
§ 440.05 TOWING REQUIREMENTS; EXCEPTION TO SIZE AND WEIGHT RESTRICTIONS.
   (A)   When one vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all the weight towed thereby, and the drawbar or other connection shall not exceed 15 feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery, or other objects of structural nature which cannot readily be dismembered.
   (B)   When one vehicle is towing another and the connection consists only of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than 12 inches square.
   (C)   In addition to such drawbar or other connection, each trailer and each semitrailer which is not connected to a commercial tractor by means of a fifth wheel shall be coupled with stay chains or cables to the vehicle by which it is being drawn. These chains or cables shall be of sufficient size and strength to prevent the towed vehicle’s parting from the drawing vehicle in case the drawbar or other connection should break or become disengaged. In case of a loaded pole trailer, the connecting pole to the drawing vehicle shall be coupled to the drawing vehicle with stay chains or cables of sufficient size and strength to prevent the towed vehicle’s parting from the drawing vehicle.
   (D)   Every trailer or semitrailer, except pole and cable trailers and pole and cable dollies operated by a public utility as defined in Ohio R.C. 5727.01, shall be equipped with a coupling device which shall be so designed and constructed that the trailer will follow substantially in the path of the vehicle drawing it, without whipping or swerving from side to side. Vehicles used to transport agricultural produce or agricultural production materials between a local place of storage and supply and the farm, when drawn or towed on a street or highway at a speed of 25 miles per hour or less, and vehicles designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of 25 miles per hour or less, shall have a drawbar or other connection, including the hitch mounted on the towing vehicle, which shall be of sufficient strength to pull all the weight towed thereby. Only one such vehicle used to transport agricultural produce or agricultural production materials as provided in this section may be towed or drawn at one time except as follows:
      (1)   An agricultural tractor may tow or draw more than one such vehicle;
      (2)   A pickup truck or straight truck designed by the manufacturer to carry a load of not less than one-half ton and not more than two tons may tow or draw not more than two such vehicles that are being used to transport agricultural produce from the farm to a local place of storage. No vehicle being so towed by such a pickup truck or straight truck shall be considered to be a motor vehicle.
(ORC 4513.32)
   (E)   Exception to Size and Weight Restrictions.
      (1)   The size and weight provisions of this chapter and R.C. Chapter 5577 do not apply to a any of the following:
         (a)   A person who is engaged in the initial towing or removal of a wrecked or disabled motor vehicle from the site of an emergency on a public highway where the vehicle became wrecked or disabled to the nearest site where the vehicle can be brought into conformance with the requirements of this chapter and R.C. Chapter 5577, to the nearest storage facility, or to the nearest qualified repair facility;
         (b)   A person who is en route to the site of an emergency on a public highway to remove a wrecked or disabled motor vehicle;
         (c)   A person who is returning from delivering a wrecked or disabled motor vehicle to a site, storage facility, or repair facility as specified in division (C)(1)(a) of this section.
      (2)   Any subsequent towing of a wrecked or disabled vehicle shall comply with the size and weight provisions of this chapter and R.C. Chapter 5577.
      (3)   No court shall impose any penalty prescribed in R.C. § 5577.99 or the civil liability established in R.C. § 5577.12 upon a person who is operating a vehicle in the manner described in division (C)(1) of this section.
(R.C. § 5577.15)
§ 440.06 LOADS DROPPING OR LEAKING; TRACKING MUD; REMOVAL REQUIRED.
   (A)   No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded, or covered as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand or other substances may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway.   
   (B)   Except for a farm vehicle used to transport agricultural produce or agricultural production materials or a rubbish vehicle in the process of acquiring its load, no vehicle loaded with garbage, swill, cans, bottles, waste paper, ashes, refuse, trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste, or any other material of an unsanitary nature that is susceptible to blowing or bouncing from a moving vehicle shall be driven or moved on any highway unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the highway.
   (C)   No person shall operate any vehicle so as to track mud on any public way or place.
   (D)   It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud or permits the load or any portion thereof to be dropped or deposited upon any public way or place to immediately remove the same or cause it to be removed.
(ORC 4513.31) (Ord. 88-39, passed 3-21-1988)
§ 440.07 VEHICLES WITH SPIKES, LUGS AND CHAINS.
   (A)   No person shall drive over the improved highways of this municipality a traction engine or tractor with tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind extending beyond the cleats, and no person shall tow or in any way pull another vehicle over the improved highways of this municipality which towed or pulled vehicle has tires or wheels equipped with ice picks, spuds, spikes, chains or other projections of any kind. “Traction engine” or “tractor,” as used in this section, applies to all self-propelling engines equipped with metal-tired wheels operated or propelled by any form of engine, motor or mechanical power.
   (B)   This municipality shall not adopt, enforce, or maintain any ordinance, rule or regulation contrary to or inconsistent with division (A), nor shall this municipality require any license tax upon or registration fee for any traction engine, tractor, or trailer, or any permit or license to operate. Operators of traction engines or tractors shall have the same rights upon the public streets and highways as the drivers of any other vehicles, unless some other safe and convenient way is provided, and no public road open to traffic shall be closed to traction engines or tractors.
(ORC 5589.08)
   (C)   For the purposes of this section, “studded tire” means any tire designed for use on a vehicle and equipped with metal studs or studs of wear-resisting material that project beyond the tread of the traction surface of the tire.
   (D)   (1)   Except as provided in division (D)(2) of this section, no person shall operate any motor vehicle other than a public safety vehicle or school bus that is equipped with studded tires on any street or highway in this municipality, except during the period extending from the first day of November of each year through the fifteenth day of April of the succeeding year.
      (2)   A person may operate a motor vehicle that is equipped with retractable studded tires with the studs retracted at any time of the year, but shall operate the motor vehicle with the studs extended only as provided in division (B)(1) of this section.
   (E)   Division (D) of this section does not apply to the use of tire chains when there is snow or ice on the streets or highways where such chains are being used, or the immediate vicinity thereof.
(ORC 5589.081)
§ 440.08 OCCUPYING TRAVEL TRAILER, FIFTH WHEEL VEHICLE, OR MANUFACTURED OR MOBILE HOME WHILE IN MOTION.
   (A)   Except as provided in division (B) of this section, no person shall occupy any travel trailer, fifth wheel trailer, or manufactured or mobile home while it is being used as a conveyance upon a street or highway.
   (B)   (1)   Division (A) of this section does not apply to a fifth wheel trailer when both of the following apply:
         (a)   Any child riding in the fifth wheel trailer is properly secured in the manner provided in R.C. § 4511.81.
         (b)   The operator of the vehicle towing the fifth wheel trailer has some means of viable communication with the passengers riding in the trailer.
      (2)   As used in this division, “viable communication” includes a cellular or satellite telephone, a radio, or any other similar electronic wireless communications device.
   (C)   (1)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
      (2)   The offense established under this section is a strict liability offense and R.C. § 2901.20 does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(R.C. § 4511.701)
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