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(a) No person shall drive any motor vehicle on a street or highway in this state, 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 nontransparent material upon the front windshield, sidewings, side, or rear windows of the 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 (4) inches in height by six (6) 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 the device meets both of the following:
A. It does not restrict the vehicle operator’s sight lines to the road and highway signs and signals.
B. 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 the device meets both of the following:
A. It does not restrict the vehicle operator’s sight lines to the road and highway signs and signals.
B. It is mounted not more than six (6) inches below the upper edge of the windshield and is outside the area swept by the vehicle’s windshield wipers.
(c) The windshield on every motor vehicle, streetcar, and trackless trolley 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, streetcar, or trackless trolley.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(RC 4513.24; Ord. No. 655-17. Passed 10-16-17, eff. 10-20-17)
No passenger-type vehicle shall be operated on a street with any load carried on such vehicle which extends more than six (6) inches beyond the line of the fenders on the vehicle’s left side.
(RC 4513.30; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) (1) Every motor vehicle, trailer, semi-trailer, and pole trailer when operated upon a highway shall be equipped with two (2) 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 (1) 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. These stop lights when actuated shall emit a red light visible from a distance of five hundred (500) feet to the rear, provided that in the case of a train of vehicles only the stop lights on the rear-most vehicle need be visible from the distance specified.
(2) These 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.
(3) 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 RC 4513.19.
(4) Historical motor vehicles as defined in RC 4503.181, not originally manufactured with stop lights, are not subject to this section.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(RC 4513.071; Ord. No. 655-17. Passed 10-16-17, eff. 10-20-17)
(a) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Chapter 401, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards:
(1) A child who is less than four (4) years of age;
(2) A child who weighs less than forty (40) pounds.
(b) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is owned, leased, or otherwise under the control of a nursery school or day-care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards:
(1) A child who is less than four (4) years of age;
(2) A child who weighs less than forty (40) pounds.
(c) When any child who is less than eight (8) years of age and less than four feet nine inches (4' 9") in height, who is not required by division (a) or (b) of this section to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Chapter 401 or a vehicle that is regulated under RC 5104.015, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions on a booster seat that meets federal motor vehicle safety standards.
(d) When any child who is at least eight (8) years of age but not older than fifteen (15) years of age, and who is not otherwise required by division (a), (b), or (c) of this section to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Chapter 401, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in RC 4513.263.
(e) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (c) or (d) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of division (c) or (d) of this section or causing the arrest of or commencing a prosecution of a person for a violation of division (c) or (d) of this section, and absent another violation of law, a law enforcement officer’s view of the interior or visual inspection of a motor vehicle being operated on any street or highway may not be used for the purpose of determining whether a violation of division (c) or (d) of this section has been or is being committed.
(f) The Ohio Director of Public Safety shall adopt such rules as are necessary to carry out this section.
(g) The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat, or in an occupant restraining device as required in this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section.
(h) This section does not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child who otherwise would be required to be restrained under this section. This section does not apply to a person operating a motor vehicle who has an affidavit signed by a physician licensed to practice in this state under RC Chapter 4731 or a chiropractor licensed to practice in this state under RC Chapter 4734 that states that the child who otherwise would be required to be restrained under this section has a physical impairment that makes use of a child restraint system, booster seat, or an occupant restraining device impossible or impractical, provided that the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendations of the physician or chiropractor as noted on the affidavit.
(i) Nothing in this section shall be construed to require any person to carry with the person the birth certificate of a child to prove the age of the child, but the production of a valid birth certificate for a child showing that the child was not of an age to which this section applies is a defense against any ticket, citation, or summons issued for violating this section.
(j) (1) Whoever violates division (a), (b), (c), or (d) of this section shall be punished as follows, provided that the failure of an operator of a motor vehicle to secure more than one (1) child in a child restraint system, booster seat, or occupant restraining device as required by this section that occurred at the same time, on the same day and at the same location is deemed to be a single violation of this section:
A. Except as otherwise provided in division (j)(1)B. of this section, the offender is guilty of a minor misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00).
B. If the offender previously has been convicted of or pleaded guilty to a violation of division (a), (b),(c) or (d) of this section or of a state law that is substantially equivalent any of those divisions, the offender is guilty of a misdemeanor of the fourth degree.
(2) All fines imposed pursuant to division (j)(1) of this section shall be forwarded to the State Treasurer for deposit in the Child Highway Safety Fund created by RC 4511.81(I).
(RC 4511.81(A) - (H), (K), (L); Ord. No. 655-17. Passed 10-16-17, eff. 10-20-17)
(a) As used in this section:
(1) “Automobile” means any commercial tractor, passenger car, commercial car or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the “National Traffic and Motor Vehicle Safety Act of 1966", 80 Stat. 719, 15 U.S.C. 1392.
(2) “Occupant restraining device” means a seat safety belt, shoulder belt, harness, or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum federal vehicle safety standards established by the United States Department of Transportation.
(3) “Passenger” means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.
(4) “Commercial tractor”, “passenger car”, and “commercial car” have the same meanings as in Chapter 401 of this Traffic Code.
(5) “Vehicle” and “motor vehicle”, as used in the definitions of the terms set forth in division (a)(4) of this section, have the same meanings as in Chapter 401 of this Traffic Code.
(6) “Tort action” means a civil action for damages for injury, death, or loss to person or property. “Tort action” includes a product liability claim, as defined in RC 2307.71, and an asbestos claim, as defined in RC 2307.91, but does not include a civil action for damages for breach of contract or another agreement between persons.
(b) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator’s seat unless that person is wearing all of the available elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in division (b)(3) of this section is wearing all of the available elements of a properly adjusted occupant restraining device;
(3) Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.
(c) Division (b)(3) of this section does not apply to a person who is required by Section 437.26 to be secured in a child restraint device or booster seat. Division (b)(1) of this section does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees. Divisions (b)(1) and (b)(3) of this section do not apply to a person who has an affidavit signed by a physician licensed to practice in this state under RC Chapter 4731 or a chiropractor licensed to practice in this state under RC Chapter 4734 that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.
(d) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (b) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
(e) All fines collected for violations of division (b) of this section shall be forwarded to the Treasurer of State for deposit into the state treasury to the credit of the trauma and emergency medical services fund, in accordance with RC 4513.263(E).
(f) (1) Subject to division (f)(2) of this section, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device in violation of division (b)(1) or (b)(3) of this section or the failure of a person to ensure that each minor who is a passenger of an automobile being operated by that person is wearing all of the available elements of a properly adjusted occupant restraining device in violation of division (b)(2) of this section shall not be considered or used by the trier of fact in a tort action as evidence of negligence or contributory negligence. But, the trier of fact may determine based on evidence admitted consistent with the Ohio Rules of Evidence that the failure contributed to the harm alleged in the tort action and may diminish a recovery of compensatory damages that represents non- economic loss, as defined in RC 2307.011, in a tort action that could have been recovered but for the plaintiff’s failure to wear all of the available elements of a properly adjusted occupant restraining device. Evidence of that failure shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section; and shall not be admissible as evidence in a criminal action involving the person other than a prosecution for a violation of this section.
(2) If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted, then, consistent with the Rules of Evidence, the fact that the occupant was not wearing the available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following:
A. It seeks to recover damages for injury or death to the occupant.
B. The defendant in question is the manufacturer, designer, distributor, or seller of the passenger car.
C. The claim for relief against the defendant in question is that the injury or death sustained by the occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy.
(g) (1) Whoever violates division (b)(1) of this section shall be fined thirty dollars ($30.00).
(2) Whoever violates division (b)(3) of this section shall be fined twenty dollars ($20.00).
(3) Except as otherwise provided in this division, whoever violates division (b)(4) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to a violation of division (b)(4) of this section, whoever violates division (b)(4) of this section is guilty of a misdemeanor of the third degree.
(RC 4513.263; Ord. No. 655-17. Passed 10-16-17, eff. 10-20-17)
(a) the Ohio Director of Public Safety, in accordance with RC Chapter 119, shall adopt rules governing the use of tinted glass, and the use of transparent, nontransparent, translucent, and reflectorized materials in or on motor vehicle windshields, side windows, sidewings, and rear windows that prevent a person of normal vision looking into the motor vehicle from seeing or identifying persons or objects inside the motor vehicle.
(b) The rules adopted under this section may provide for persons who meet either of the following qualifications:
(1) On November 11, 1994, or the effective date of any rule adopted under this section, own a motor vehicle that does not conform to the requirements of this section or of any rule adopted under this section;
(2) Establish residency in this state and are required to register a motor vehicle that does not conform to the requirements of RC 4513.241 or of any rule adopted under that section.
(c) 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 of RC 4513.241 and of any applicable rule adopted under that section.
(d) No person shall install in or on any motor vehicle any glass or other material that fails to conform to the requirements of RC 4513.241 or of any rule adopted under that section.
(e) (1) No used motor vehicle dealer or new motor vehicle dealer, as defined in RC 4517.01, shall sell any motor vehicle that fails to conform to the requirements of RC 4513.241 or of any rule adopted under that section.
(2) No manufacturer, remanufacturer, or distributor, as defined in RC 4517.01, shall provide to a motor vehicle dealer licensed under RC Chapter 4517 or to any other person, a motor vehicle that fails to conform to the requirements of RC 4513.241 or of any rule adopted under that section.
(f) No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings, or rear window.
(g) 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 No. 205.
(h) With regard to any side window behind a driver’s seat or any rear window other than any window on an emergency door, this section does not apply to any school bus used to transport a child with disabilities pursuant to RC 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 RC 3323.01.
(i) This section does not apply to any school bus that is to be sold and operated outside this state.
(j) (1) This section and the rules adopted under it do 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.
(k) (1) Whoever violates division (c), (e)(2) or (f) of this section is guilty of a minor misdemeanor.
(2) Whoever violates division (e)(1) of this section is guilty of a minor misdemeanor if the dealer or the dealer’s agent knew of the nonconformity at the time of sale.
(3) A. Whoever violates division (d) of this section is guilty of a misdemeanor of the fourth degree, except that an organization may not be convicted unless the act of installation was authorized by the board of directors, trustees, partners, or by a high managerial officer acting on behalf of the organization, and installation was performed by an employee of the organization acting within the scope of the person’s employment.
B. In addition to any other penalty imposed under this section, whoever violates division (d) of this section is liable in a civil action to the owner of a motor vehicle on which was installed the nonconforming glass or material for any damages incurred by that person as a result of the installation of the nonconforming glass or material, costs of maintaining the civil action, and attorney fees.
C. In addition to any other penalty imposed under this section, if the offender previously has been convicted of or pleaded guilty to a violation of division (d) of this section and the offender is a motor vehicle repair operator registered under RC Chapter 4775 or a motor vehicle dealer licensed under RC Chapter 4517, whoever violates division (d) of this section is subject to a registration or license suspension, as applicable, for a period of not more than one hundred and eighty (180) days.
(l) (1) Every county court judge, mayor of a mayor’s court, and clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this section. If a person is convicted of or forfeits bail in relation to a violation of division (d) of this section, the county court judge, mayor of a mayor’s court, or clerk, within ten (10) days after the conviction or bail forfeiture, shall prepare and immediately forward to the motor vehicle repair board and the motor vehicle dealers board, an abstract, certified by the preparer to be true and correct, of the court record covering the case in which the person was convicted or forfeited bail.
(2) The motor vehicle repair board and the motor vehicle dealers board each shall keep and maintain all abstracts received under this section. Within ten (10) days after receipt of an abstract, each board, respectively, shall determine whether the person named in the abstract is registered or licensed with the board and, if the person is so registered or licensed, shall proceed in accordance with RC 4775.09 or 4517.33, as applicable, and determine whether the person’s registration or license is to be suspended for a period of not more than one hundred eighty (180) days.
(RC 4513.241; Ord. No. 655-17. Passed 10-16-17, eff. 10-20-17)
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