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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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§ 439.10 Towing Requirements
   (a)   (1)   When one (1) 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 fifteen (15) feet from one (1) vehicle to the other, except the connection between any two (2) vehicles transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered.
      (2)   When one (1) vehicle is towing another and the connection consists only of a chain, rope or cable, there shall be displayed upon the connection a white flag or cloth not less than twelve (12) inches square.
      (3)   In addition to the 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.
      (4)   Every trailer or semitrailer, except pole and cable trailers and pole and cable dollies operated by a public utility as defined in RC 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 twenty-five (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 (10) miles and at a speed of twenty- five (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 (1) such vehicle used to transport agricultural produce or agricultural production materials as provided in this section may be towed or drawn at one (1) time except as follows:
         A.   An agricultural tractor may tow or draw more than one (1) such vehicle;
         B.   A pickup truck or straight truck designed by the manufacturer to carry a load of not less than one-half (1/2) ton and not more than two (2) tons may tow or draw not more than two (2) 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.
(RC 4513.32)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(RC 4513.99; Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
§ 439.11 Loads Dropping or Leaking; Removal Required; Tracking Mud
   (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.
(RC 4513.31)
   (c)   No person shall operate any vehicle so as to track or drop mud, stones, concrete, gravel or other similar material on any street, highway or other public place.
   (d)   It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud, stones, concrete, gravel or other similar material or permits the load or any portion thereof to be dropped or deposited upon any street, highway or other public place to immediately remove the same or cause it to be removed.
   (e)   Whoever violates this section is guilty of a misdemeanor of the third degree on the first offense, and a misdemeanor of the second degree on the second or any subsequent offense.
(Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
§ 439.12 Shifting Load; Loose Loads
   (a)   In addition to any other lawful requirements of load distribution, no person shall operate any vehicle upon a street or highway unless such vehicle is so laden as to prevent its contents from shifting or otherwise unbalancing the vehicle to such an extent as to interfere with the safe operation of the same.
   (b)   No motor vehicle or trailer shall be driven unless the tailboard or tailgate, tarpaulins, chains (except ground or contact chains), ropes, stakes, poles, and the like, or any part of the load, are securely fastened to prevent dangling, flapping, swinging or falling from the side, end or top of the load or body. All projecting cargo shall be properly guarded by a red flag or cloth or a red light or lantern as required by Section 437.08.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
§ 439.13 Vehicles with Spikes, Lugs and Chains
   (a)   No person shall drive over the improved highways of this City 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, or no person shall tow or in any way pull another vehicle over the improved highways of this City 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 City shall not adopt, enforce or maintain any ordinance, rule or regulation contrary to or inconsistent with division (a), nor shall this City 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.
(RC 5589.08)
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(RC 5589.99(B); Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
§ 439.14 Use of Studded Tires and Chains
   (a)   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. “Motor vehicle”, “street or highway”, “public safety vehicle”, and “school bus” have the same meaning as given those terms in Chapter 401.
   (b)   (1)   Except as provided in division (b)(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 City, 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.
   (c)   Division (b) of this section does not apply to the use of tire chains when there is snow or ice on the streets or highways where the chains are being used, or the immediate vicinity thereof.
(RC 5589.081)
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
(RC 5589.99(B); Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
§ 439.15 Permitting or Driving While Fatigued or Ill Prohibited
   (a)   No person shall drive a commercial motor vehicle, as defined in RC 4506.01, or a commercial car or commercial tractor, as defined in RC 4501.01, while the person’s ability or alertness is so impaired by fatigue, illness or other causes that it is unsafe for the person to drive the vehicle. No driver shall use any drug which would adversely affect the driver’s ability or alertness.
   (b)   No owner, as defined in RC 4501.01, of a commercial motor vehicle, commercial car or commercial tractor, or a person employing or otherwise directing the driver of the vehicle, shall require or knowingly permit a driver in any such condition described in division (a) of this section to drive the vehicle upon any street or highway.
   (c)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one (1) or more violations of this section or RC 4511.79, or RC 4511.63, 4511.76, 4511.761, 4511.762, 4511.764 or 4511.77, or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree.
(RC 4511.79; Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
§ 439.16 Reserved
§ 439.99 Penalties – Repealed
(Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)