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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
TITLE I: ADMINISTRATION
TITLE III: STREETS AND TRAFFIC CONTROL DEVICES
TITLE V: VEHICLES
TITLE VII: PARKING
TITLE IX: PEDESTRIANS, BICYCLES AND MOTORCYCLES
TITLE XI: WATER TRAFFIC CODE
TITLE XIII: HELICOPTERS AND OTHER AIRCRAFT
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 439.05 Following Distance for Trucks
   The driver of any truck or motor vehicle drawing another vehicle, when traveling upon a roadway, shall maintain a space of two hundred (200) feet whenever conditions permit, between such vehicle and another truck or motor vehicle drawing another vehicle ahead, so an overtaking vehicle may enter and occupy such space without danger. The provisions of this section shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by trucks.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 439.06 Slow-Moving Vehicles or Equipment Crossing Railroad Tracks
   (a)   No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of six (6) or less miles per hour or a vertical body or load clearance of less than nine (9) inches above the level surface of a roadway, upon or across any tracks at a railroad grade crossing, without first complying with divisions (a)(1) and (a)(2) of this section.
      (1)   Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same, and while stopped the person shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall proceed only upon exercising due care.
      (2)   No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagperson or otherwise of the immediate approach of a railroad train or car.
   (b)   If the normal sustained speed of such vehicle, equipment or structure is not more than three (3) miles per hour, the person owning, operating or moving the same shall also give notice of such intended crossing to a station agent or superintendent of the railroad, and a reasonable time shall be given to such railroad to provide proper protection for such crossing. Where such vehicles or equipment are being used in constructing or repairing a section of highway lying on both sides of a railroad grade crossing, and in such construction or repair it is necessary to repeatedly move such vehicles or equipment over such crossing, one (1) daily notice specifying when such work will start and stating the hours during which it will be prosecuted is sufficient.
   (c)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(RC 4511.64; Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
§ 439.07 Maximum Width, Height and Length
   (a)   No vehicle shall be operated upon the public highways, streets, bridges and culverts within this City whose dimensions exceed those specified in this section.
   (b)   No such vehicle shall have a width:
      (1)   In excess of one hundred and four (104) inches for passenger bus type vehicles operated exclusively within the municipality.
      (2)   In excess of one hundred and two (102) inches, excluding such safety devices as are required by law, for passenger bus type vehicles operated over freeways, and other state roads with minimum pavement widths of twenty-two (22) feet, except those roads or portions of roads over which operation of one hundred and two (102) inch buses is prohibited by order of the Ohio Director of Transportation.
      (3)   In excess of one hundred and thirty-two (132) inches for traction engines.
      (4)   In excess of one hundred and two (102) inches for recreational vehicles, excluding safety devices and retracted awnings and other appurtenances of six (6) inches or less in width and except that the Director may prohibit the operation of one hundred and two (102) inch recreational vehicles on designated state highways or portions of highways.
      (5)   In excess of one hundred and two (102) inches, including load, for all other vehicles, except that the Director may prohibit the operation of one hundred and two (102) inch vehicles on the state highways or portions of state highways as the Director designates.
   (c)   No such vehicle shall have a length:
      (1)   In excess of sixty-six (66) feet for passenger bus type vehicles and articulated passenger bus type vehicles operated by a regional transit authority pursuant to RC 306.30 to 306.54.
      (2)   In excess of forty-five (45) feet for all other passenger bus type vehicles.
      (3)   In excess of fifty-three (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 the state highways or portions of state highways as the Director designates.
      (4)   In excess of twenty-eight and one-half (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 the state highways or portions of state highways as the Director designates.
      (5)   A.   In excess of ninety- seven (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 (1) road mile from any interstate, United States route or state route, not to exceed three (3) saddlemounted vehicles, but which may include one (1) fullmount;
         B.   In excess of seventy- five (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 (3) saddlemounted vehicles, but which may include one (1) fullmount.
      (6)   In excess of sixty-five (65) feet for any other combination of vehicles coupled together, with or without load, except as provided in division (c)(3) and (c)(4), and in division (e) below.
      (7)   In excess of forty-five (45) feet for recreational vehicles.
      (8)   In excess of fifty (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 thirteen (13) feet and six (6) inches, with or without load.
   (e)   An automobile transporter or boat transporter shall be allowed a length of sixty-five (65) feet, and a stinger-steered automobile transporter or stinger-steered boat transporter shall be allowed a length of seventy-five (75) feet, except that the load thereon may extend no more than four (4) feet beyond the rear of such vehicles and may extend no more than three (3) feet beyond the front of the 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 tie-down assemblies, provided these safety devices do not extend more than three (3) 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 the bus or combination, non-property carrying devices or components that do not extend more than twenty-four (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 any municipality or to the volunteer fire department of any municipality 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 RC 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 the 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 RC 4501.01.
(RC 5577.05)
   (i)   No person shall violate any rule or regulation promulgated by the Director of Transportation in accordance with RC 5577.05.
(RC 5577.06)
   (j)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, the person is guilty of a misdemeanor of the fourth degree.
(RC 5577.99(C); Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
§ 439.08 Route and Load Information
   Drivers of vehicles described in this chapter shall be required, upon request by a police officer, to give full and true information as to the route they are following and the name of the consignor and consignee and place of delivery or removal and the location of any consignment being hauled or goods being removed, and upon a designation by such police officer of a route to be followed, shall immediately adopt and pursue such route.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 439.09 Wheel Protectors
   (a)   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 (3) tons, upon the public highways, streets, bridges and culverts within the City, unless the vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels of the 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. The protectors or flaps shall have a ground clearance of not more than one-third (1/3) 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 the 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 centerline of the rearmost axle.
(RC 5577.11)
   (b)   Whoever violates this section shall be fined not more than twenty-five dollars ($25.00).
(RC 5577.99(E); Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
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