§ 437.28  Using Tinted Glass and Other Vision Obscuring Materials
   (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)